Human Rights in Noble Quran

Given the centrality of the Qur'an to the lives of the majority of the more than one billion Muslims of the world, the critical question is: What, if anything, does the Qur'an say about human rights? I believe that the Qur'an is the Magna Carta of human rights and that a large part of its concern is to free human beings from the bondage of traditionalism, authoritarianism (religious, political, economic, or any other), tribalism, racism, sexism, slavery or anything else that prohibits or inhibits human beings from actualizing the Qur'anic vision of human destiny embodied in the classic proclamation: 

                    "Towards Allah is thy limit" (Noble Quran Surah 53: An-Najm: 42).

I offer an account of the Qur'an's affirmation of fundamental rights which all human beings ought to possess, because they are so deeply rooted in our humanness that their denial or violation is tantamount to a negation or degradation of that which makes us human. From the perspective of the Qur'an, these rights came into existence when we did; they were created, as we were, by God in order that our human potential could be actualized. These rights not only provide us with an opportunity to develop all our inner resources, but they also hold before us a vision of what "God would like us to be: what God wants us to strive for and live for and die for". Rights created or given by God cannot be abolished by any temporal ruler or human agency. Eternal and immutable, they ought to be exercised since everything that God does is for "a just purpose."

A Quranic Perspective ;

RIGHT TO LIVE:  The Qur'an upholds the sanctity and absolute value of human life and states in the Noble Quran Surah 6: Al-An'am: 151:

"do not take any human being's life (the life) which God has declared to be sacred -- otherwise than in (the pursuit of) justice: this has He enjoined upon you so that you might use your reason."

the Qur'an points out that, in essence, the life of each individual is comparable to that of an entire community and, therefore, should be treated with the utmost care:

In Surah 5: Al-Ma'idah: 32 Quran says, 
    "We ordained for the Children of Israel that if anyone slew a person unless it be for murder or for spreading mischief in the land it would be as if he slew the whole people: And if any one saved a life, it would be as if he saved the life of the whole people."

 Attempting to kill oneself is a crime in Islam as well as a grave sin. The Qur'an says:
   "Do not kill (or destroy) yourselves, for verily Allah has been to you most Merciful" (Qur'an 4:29)."

 To warn against suicide prophet Mohammad said: "Whoever kills himself with an iron instrument will be carrying it forever in hell. Whoever takes poison and kills himself will forever keep sipping that poison in hell. Whoever jumps off a mountain and kills himself will forever keep falling down in the depths of hell."

Noble Quran at 6:151 says, 
        "do not kill your children out of poverty; We will provide for you and them."

RIGHT TO RESPECT; In Surah 17: Al-Isra':70, the Qur'an says:

       "Now, indeed, We have conferred dignity on the children of Adam."

 Human beings are deemed worthy of esteem because of all creation they alone choose to accept the "Trust" of freedom of the will (Surah 33: Al-Ahzab: 72). Human beings can exercise freedom of the will because they possess the rational faculty, which is what distinguishes them from all other creatures. Noble Quran at (Surah 2: Al-Baqarah: 30-34) says,
     "We said to the angels, prostrate before Adam".
 As per the Islamic teachings, no human being is allowed to prostrate before anyone except Allah. Even we are not allowed to prostrate before Prophets or our own parents. But the respect given to son of Adam is much higher then any one can assume. If we ponder on the above verse that angels were ordered by Allah to prostrate infront of humans and those who do not do so we punished such as Iblis. This is the respect given to Humans by Almighty.  Though human beings can become "the lowest of the lowest," the Qur'an declares that they have been made "In the best of moulds" (Surah 95: At-Tin: 4-6), having the ability to think, to have knowledge of right and wrong, to do the good and to avoid the evil. Thus, on account of the promise which is contained in being human, namely, the potential to be God's vicegerent on earth, the humanness of all human beings is to be respected and considered to be an end in itself.

RIGHT TO JUSTICE:  The Qur'an puts great emphasis on the right to seek justice and the duty to do justice. In Noble Quran Surah 5: Al-Ma'idah: 8, Noble Quran tells the believers:

"O you who have attained to faith! Be ever steadfast in your devotion to God, bearing witness to the truth in all equity; and never let hatred of any one lead you into the sin of deviating from justice Be just: this is the closest to being God-conscious."

And again, in Noble Quran Surah 4: An-Nisa': 13f; the Qur'an emphasizes the importance of upholding justice:

"O ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye serve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do."

Noble Quran at 3:108 says, "That this book is revealed to you in Truth, Allah intends no injustice to the worlds"

The Qur'an teaches that merit is not determined by lineage, sex, wealth, worldly success, or religion, but by righteousness. Righteousness consists of both right "Belief" as well as "Action" as clearly indicated in Noble Quran Surah 2: Al-Baqarah: 177, which states:

"It is not righteousness that you turn your faces towards East or West (means prayer); but it is righteousness to believe in God and the Last Day, and the Angels, and the Book, and the Messengers; to spend your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfill the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the God-fearing."

Surah 49: Al-Hujurat: 13 tells us: "The most honoured of you in the sight of Allah is (he who is) the most righteous of you." 

In an another example, for crimes of unchastity the Qur'an prescribes identical punishments for a man or a woman who is proved guilty. Noble Quran at Surah 24: An-Nur: 2 says,
    "The woman and the man guilty of adultery or fornication flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment".

Out of 99 beautiful names of Allah, one name is is al-Hakam meaning "The One who is the only true judge."

RIGHT TO FREEDOM: The Qur'an is deeply concerned about liberating human beings from every kind of bondage. Recognizing the human tendency toward dictatorship and despotism, the Qur'an says with clarity and emphasis in Surah 3: Al-`Imran: 79:

"It is not (possible) that a man, to whom is given the Book, and Wisdom, and the Prophetic Office, should say to people: "Be ye my worshippers rather than Allah's." On the contrary (He would say): "Be ye worshippers of Him (the creator) Who is truly the Cherisher of all."

The institution of human slavery is, of course, extremely important in the context of human freedom. Slavery was widely prevalent throughout the world including Arabia at the time of the advent of Islam, and the Arab economy was based on it. Not only did the Qur'an insist that slaves be treated in a just and humane way as in Surah 4: An Nisa': 36, but it continually urged the freeing of slaves. By laying down, in Surah 47: Muhammad verse 4,

      "that prisoners of war were to be set free, "either by an act of grace or against ransom,"

 the Qur'an virtually abolished slavery since most slaves were prisoners of war. Because the Qur'an does not state explicitly that slavery is abolished as their masters were not ready to set them free as they have purchased them and on the other hand these slaves were not able to pay for it nor does Quran follow that it is to be continued, particularly in view of the numerous ways in which the Qur'an seeks to eliminate this absolute evil. In Surah 9. At-Tauba, Ayah 60,

" In fact the sadaqat (Zakah) collection is for the poor, the helpless, those employed to administer the funds, those whose hearts need to be won over to the truth, ransoming the slaves, helping the destitute, in the Way of Allah and for the wayfarer. That is a duty enjoined by Allah; and Allah is All-Knowledgeable, Wise."

Again Noble QuranSurah 5. Al-Maida, Ayah 89

"Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful."

A Book which does not give a king or a prophet the right to command absolute obedience from another human being could not possibly sanction slavery in any sense of the word.

The greatest guarantee of personal freedom for a Muslim lies in the Qur'anic decree that no one other than God can limit human freedom (Surah 42: Ash-Shura: 21), and in a statement Noble Quran says at  Surah 49 Al-Hujurat, verse 11;

      "O ye who believe! let not one people deride another people, who may be better than they, nor let women deride other women, who may be better than they. And defame not your own people, nor call one another by nicknames. Bad indeed is evil reputation after the profession of belief; and those who repent not are the wrongdoers." 

Allah (SWT) says in Surat Al-Hujurat 49 verse 13,

       "O Mankind! We have created you from a male and female, and made you into nations and tribes, that you may know one another. Verily, the most honorable of you in the sight of Allah is he who has most righteousness (Taqwa) among of you. Verily, Allah is All-Knowing, All-Aware."

In surah Al-Room30 verse 22 Allah (SWT) says,

      "And one of His signs is the creation of the heavens and the earth and the diversity of your tongues and colors; most surely there are signs in this for the learned."

In the above Allah has made it clear to all human beings that no nation is superior to other and no color is superior to that of other. We all were created from same Adam and the only honorable person in the sight of God are those who are steadfast.

Right to Freedom of Religion:The Qur'anic proclamation in Surah 2: Al-Baqarah: 256 says categorically, 

"There shall be no compulsion in [acceptance of] the religion. The right course has become clear from the wrong. So whoever disbelieves in Taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing."

This means that, according to Qur'anic teaching, non-Muslims, living in Muslim territories, should have the freedom to follow their own faith-traditions without fear or harassment. A number of Qur'anic passages state clearly that the responsibility of the Prophet Muhammad is to communicate the message of God and not to compel anyone to believe. The right to exercise free choice in matters of belief is unambiguously endorsed by the Qur'an in Surah 18: Al-Kahf: 29, which states: 

         "And say, "The truth is from your Lord, so whoever wills - let him believe; and whoever wills - let him disbelieve."

The Qur'an also makes clear that God will judge human beings not on the basis of what they profess but on the basis of their belief and righteous conduct, as indicated by Surah 2: Al-Baqarah: 62 which states: 

      "Indeed, those who believed and those who were Jews or Christians or Sabeans [before Prophet Muhammad] - those [among them] who believed in Allah and the Last Day and did righteousness - will have their reward with their Lord, and no fear will there be concerning them, nor will they grieve."

The Qur'an recognizes the right to religious freedom not only in the case of other believers in God, but also in the case of non-believers in God (if they are not aggressive toward Muslims). For instance, Surah 6: Al-An'am: 108 states:

Revile not ye those whom they call upon besides God, lest they out of spite revile God in their ignorance. Thus have We made alluring to each people its own doings. In the end will they return to their Lord, and We shall then tell them the truth of all that they did.

In the context of the human right to exercise religious freedom, it is important to mention that the Qur'anic dictum, "Let there be no compulsion in religion" (Surah 2:Al-Baqarah: 256) applies not only to non-Muslims but also to Muslims. While those who renounced Islam after professing it and then engaged in "acts of war" against Muslims were to be treated as enemies and aggressors, the Qur'an does not prescribe any punishment for non-profession or renunciation of faith. The decision regarding a person's ultimate destiny in the hereafter rests with God.

This right to freedom includes the right to be free to tell the truth. The Qur'anic term for truth is "Haqq" which is also one of God's most important attributes. Standing up for the truth is a right and a responsibility which a Muslim may not disclaim even in the face of the greatest danger or difficulty (Surah 4: An-Nisa': 135). While the Qur'an commands believers to testify to the truth, it also instructs society not to harm persons so testifying (Sura 2: Al-Baqarah: 282). 

Right to Inheritance:The law of inheritance is called ‘I lmil-farâyied, or Ilmil-mirâth’ – i.e. science of obligations of inheritance. The verses in the Quran upon which the law of inheritance is founded begin at the 11th verse of Chapter 4 of the Quran. They are rendered as follows: - 

“With regard to your children, God commands you to give the male the portion of two females, and if they be females more than two, then they shall have two-thirds of that which their father hath left: but if she be an only daughter, she shall have the half; and the father and mother of the deceased shall each of them have a sixth part of what he hath left, if he has a child; but if he has no child, and his parents be his heirs, then his mother shall have the third; and if he has brethren, his mother shall have the sixth, after paying the bequests he shall have bequeashed and his debts. As to your fathers or your children, ye know not which of them is the most advantageous to you. This is the law of God. Verily God is Knowing and Wise.” 

“Half of what your wives leave shall be yours if they have no issue; but if they have issue, then a fourth of what they have shall be yours, after paying the bequests and debts.”

“And your wives shall have a fourth part of what ye leave if ye have no issue, but if ye have issue, then they shall have an eighth part of what ye leave, after paying the bequests and debts, if any.” 

“If a man or woman makes a distant relation their heir, and he or she has a brother or a sister each of these two shall have a sixth : but if there are more than this, then shall they be sharers in a third after payment of the bequests and debts.” “Without loss to any one. This is the ordinance of God, and God is Knowing and Gracious.”

The foregoing general rules of inheritance are detailed in the following. 

The property of a deceased Moslem is applicable, in the first place, to the payment of his funeral expenses; secondly to the discharge of his debts; and thirdly, to the payment of legacies as far as one-third of the residue. The remaining two-thirds with so much of the one-third as is not absorbed by legacies are the patrimony of the heirs. A Moslem is, therefore, disabled from disposing of more than one-third of his property by will. 

The clear residue of the state descends to the heirs; and among these the first are persons for whom the law has provided certain specific shares or portions and who are thence denominated the sharers or Za-wul-farûd in Arabic. 

In most cases, there must be a residue after the shares have been satisfied; and this passes to another class of persons who, under that circumstance, are termed residuaries or ‘asaba in Arabic. 

It can seldom happen that the deceased should have no individual connected with him who would fall under these two classes; but to guard against this possible contingency, the law had provided another class of persons who, by reason of their remote position with respect to the inheritance, have been denominated “distant kindred” Zawul Arhâm in Arabic. 

RIGHT TO ACQUIRE KNOWLEDGE:   The Qur'an puts the highest emphasis on the importance of acquiring knowledge. That knowledge has been at the core of the Islamic world view from the very beginning is attested to by Surah 96: Al-`Alaq: 1-5, which Muslims believe to the first revelation received by the Prophet Muhammad. This passage reads:

"Proclaim! (or Read) in the name of thy Lord and Cherisher, who created, created man, out of a (mere) clot of congealed blood. Proclaim! And the Lord is Most Bountiful He who taught (the use of) the pen taught man that which he knew not."

Asking rhetorically if those without knowledge can be equal to those with knowledge (Surah 39: Az-Zumar: 9), the Qur'an exhorts believers to pray for advancement in knowledge (Surah 20: Ta-Ha: 114). The famous prayer of the Prophet Muhammad was "Allah grant me knowledge of the ultimate nature of things" and one of the best known of all traditions ("ahadith") is "Seek knowledge even though it be in China."

According to the Qur'anic perspective, knowledge is a prerequisite for the creation of a just world in which authentic peace can prevail. The Qur'an emphasizes the importance of the pursuit of learning even at the time, and in the midst, of war, as indicated by Surah 9: At-Tawbah: 122, which states:

"With all this, it is not desirable that all of the believers take the field (in time of war). From within every group in their midst some shall refrain from going to war, and shall devote themselves (instead) to acquiring a deeper knowledge of the Faith, and (thus be able to) teach their home-coming brethren, so that these (too) might guard themselves against evil."

Quran clearly describes the respect of a person who acquire more knowledge,
Sura 39 Az-Zumar verse 9,

Is one who is devoutly obedient during periods of the night, prostrating and standing [in prayer], fearing the Hereafter and hoping for the mercy of his Lord, [like one who does not]? Say, "Are those who know equal to those who do not know?" Only they will remember [who are] people of understanding.

RIGHT TO WORK:  According to Qur'anic teaching, every man and woman has the right to work, whether the work consists of gainful employment or voluntary service. The fruits of labor belong to the one who has worked for them -- regardless of whether it is a man or a woman. As Surah 4: An-Nisa': 32 states,

    "to men is allotted what they earn, and to women what they earn."

Right to Food:  Allah says in Noble Quran:
     “O children of Adam, take your 

adornment to every mosque. Eat and drink, but be not excessive. Indeed, He 

does not like those who commit excess.” Sûrah al-A`râf 7: 31.

The traditions of Prophet Muhammad teach us to cherish good health and realise its true value as one of God’s countless bounties.

“And when your Lord proclaimed, “If you give thanks, I will give you more; but if you are thankless, lo!  My punishment is dire.” (Quran 14:7)

Islam’s holistic approach to health includes treating our bodies with respect and nourishing them with, not only faith, but also with lawful, nutritious food.  A major part of living life according to the Creator’s instructions is implementing a suitable diet.  Choosing wholesome food and avoiding the unwholesome is essential to good health.  God says in the Quran, 

“Eat of the good things which We have provided for you.” (Quran 2:172)  “Eat of what is lawful and wholesome (abundance) on the earth.” (Quran 2:168)

The Quran contains many verses of advice about healthy eating that relate to the interconnectedness of physical and spiritual health. Eatable things should also be available in abundance and not a threat to the ecological balance of our nature.  Encouragement to eat only good and pure food is often combined with warnings to remember God and avoid Satan. Healthy eating not only satisfies hunger but also has an effect on how well we worship.

“O mankind, eat from whatever is on earth [that is] lawful and good and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy.”  (Quran 2:168)

If one becomes obsessed with food or indulges in too much unwholesome or junk food he or she may become physically weak or distracted from his primary purpose of serving God.  On the other hand, if one concentrated exclusively on spiritual endeavours and neglected their health and nutrition, weakness injury or illness would also result in failure to carry out obligatory worship.  The guidance found in the Quran and the traditions of Prophet Muhammad advise humankind to maintain a balance between these two extremes.

A healthy diet is balanced with a mixture of all the foods God has provided for His creation.  The variety satisfies all the body’s needs for carbohydrates, minerals, vitamins, proteins, fats and amino acids.  Numerous verses of Quran mention the foods God has provided for us to nourish and maintain our bodies.  It is not an exhaustive list of dietary requirements but rather a general idea of the types of food that maintain a healthy body and prevent illness.

“He created cattle that give you warmth, benefits and food to eat.” (Quran l6:5)

“It is He who subdued the seas, from which you eat fresh fish.” (Quran 16:l4)

“It is He who sends down water from the sky with which He brings up corn, olives, dates and grapes and other fruit.” (Quran 16:11)

“In cattle too you have a worthy lesson.  We give you to drink of that which is in their bellies, between the undigested food and blood: pure milk, a pleasant beverage for those who drink it.” (Quran l6:66)

“There emerges from their bellies a drink, varying in colors, in which there is healing for people.  Indeed in that is a sign for a people who give thought. .” (Quran 16:69)

“And it is He Who produces gardens trellised and untrellised, and date palms, and crops of different shape and taste (its fruits and its seeds) and olives, and pomegranates, similar (in kind) and different (in taste).  Eat of their fruit when they ripen...” (Quran 6:141)

“…and from it (the earth) we produced grain for their sustenance.” (Quran 36:33)

God has also provided us with a list of foods that are forbidden and apart from these everything else is considered lawful.

“Forbidden to you (for food) are: dead animals - cattle-beast not slaughtered, blood, the flesh of swine, and the meat of that which has been slaughtered as a sacrifice for other than God...”  (Quran 5:3)  “...and intoxicants.” (Quran 5:91-92)

While sweets and junk food are not forbidden they must be eaten sparingly as part of a balanced diet, designed to maintain optimum health.  Many of the most common chronic illnesses today derive from unhealthy eating habits.  Coronary heart disease, hypertension, diabetes, obesity and depression have all been linked to inadequate diets.  The traditions of Prophet Muhammad praise moderation as a way of maintaining good health and the Quran stresses the need to strike a balance between any extremes.

True believers need healthy bodies and minds in order to worship God in the correct way.  To maintain a sound mind, a pure heart and a healthy body special attention must be paid to health.  The heart and the mind are nourished by remembrance of God, and worship performed in a lawful way, and the body is nourished by partaking of the good and lawful food God has provided.  Attention to diet and nutrition is a part of the holistic health system inherent in Islam.

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Persecution of Buddhists by Hindu kings

 Hiuen-Tsang, who visited India from 629 to 645 AD, describes the influence of a south Indian Brahmin queen on her husband who ordered the execution of many thousand Buddhists including 8,000 in Madurai alone. Kalhana’s Rajatarangani (written by a Shaivite scholar about 1149 AD and the first Brahmin account of India’s historic past from the time of Yudishthira) relates that Mihirikula, the Hun ruler was converted by Brahmins (in 515 AD) and unleashed a wave of violent destruction on Buddhist monasteries in Punjab and Kashmir. He reports (verse 290 in book 1) that “crows and birds of prey would fly ahead eager to feed on those within his armies reach”. He proudly proclaimed himself as the killer of three crores. … … – Buddhism that had been strong in India in the 7th Century was completely obliterated a century later.”

Gaining and retaining power is a brutal business all around the world, and has been so, all through history, with the possible exception within Buddhist societies where brute violence is rare. Many people genuinely believe that Hinduism has always been a tolerant religion that assimilated other peoples and ideas without bloody conflict. That is how they teach it! The ugly scars of brutality in the history of all peoples, are sanitized in school history books. The ruling powers, everywhere, want to play down the politics of past racial or religious persecution. This has the result in our case that many people hold the opinion that brutality and violence in India were exclusive to ‘invaders’ like the Greeks, Mongols, Turks and even the British. While these were the `invaders’ easily condemned by the history books, it can be mentioned that most of the Arya, Scythian and Jat tribes, who came to India probably from central Asia, could also be described as ‘invaders’.

For those tribes the word ‘invasion’ is an exaggeration. Most of north western India was fairly sparsely populated in ancient times and the great Indian cities (after the Harappan period) were mainly in the region of present day Bihar until the 6th century BC, so many alien tribes from less fertile areas of the north simply entered with little opposition, unnoticed even, by the local inhabitants. Pastoralists never made wars on each other and it was only with growing populations and urbanization that rulers of the evolving city states had to keep standing armies that were dedicated to protect but also attack for plunder!
There were therefore not many major conflicts in ancient times. But historians and story tellers, as usual, would exaggerate small tribal skirmishes to become great legends of prowess and minimize murderous bloodshed on their part.

After Ashoka’s reportedly bloody battle against Kalinga, north India entered a thousand year period of relative peace under predominantly Buddhist rulers until the time of Harshavardhan who ruled from 606 to 647AD. But there had been many local wars between domestic kingdoms like the Cholas, Pallavas and Pandyas competing with the Satvahanas and the Guptas or the Rashrakutas, Gurjara Pratiharas and Palas in later times. There must have been considerable bloodshed in all these conflicts even if not much is recorded in Brahmin texts. These battles were however territorial and for loot, and religion does not seem to have been used to justify aggression.

Then there was a heady period of vigorous Brahmanical revivalism that rapidly gathered strength after the 7th century AD. It has to be remembered that this was not a `Hindu’ revival because the idea of Hindu as a religion was not known at this time. During this Puranic period most people worshipped numerous animist deities usually presided over by Brahmin priests who chanted elevating Vedic hymns even though all the Vedic deities like Indra, Rudra and Nasatyas had now vanished. Many animist deities including and several goddesses were absorbed into a new Puranic Hinduism that included non Vedic deities like Shiv, Ganesh, Hanuman, Kubera, Kali, Durga and others and new philosophies like reincarnation, Karma and Dharma were borrowed from Buddhism and Jainism. Even the Vishnu of the Puranas was very different from the Vedic Vishnu. At this time Ram or Krishna were still heroes of legend and had not yet become deities for worship. A. R. Mujumdar in The Hindu History (1979) observes … “From 650 AD, perhaps to suit the needs of the age, Hindus suppressed true history and invented nice legends instead”.

Many local rulers, probably at the urging of their Brahmin ministers and priests, now began to ruthlessly exterminate the previously dominant Buddhist and Jain faiths. Although the class of Kshatriyas had completely vanished from history during the thousand years of mainly Buddhist rule they were reinvented at this time to serve Brahmin interests. No doubt the rich lands and treasures of their defenseless monasteries and temples also gave material incentives to this religious fervor and many Buddhist and Jain stupas and monasteries were plundered and Hindu temples established at their sites.

Similar material motives had actuated religious persecutions in many lands including those by the Catholic and Protestant nobles in England during the much more recent period of the Reformation. There are many Hindu references to support this looting and plunder including the unedited versions of the original Puranas even though most Buddhist and Jain accounts were destroyed. Hiuen-Tsang, who visited India from 629 to 645 AD, describes the influence of a south Indian Brahmin queen on her husband who ordered the execution of many thousand Buddhists including 8,000 in Madurai alone. Kalhana’s Rajatarangani (written by a Shaivite scholar about 1149 AD and the first Brahmin account of India’s historic past from the time of Yudishthira) relates that Mihirikula, the Hun ruler was converted by Brahmins (in 515 AD) and unleashed a wave of violent destruction on Buddhist monasteries in Punjab and Kashmir. He reports (verse 290 in book 1) that “crows and birds of prey would fly ahead eager to feed on those within his armies reach”. He proudly proclaimed himself as the killer of three crores.

This spawned a revival. Later, Brahmins paid killers to assassinate the Buddhist ruler Harshavardhana. With the plot discovered, as a Buddhist, he was unwilling to take life and so banished those 500 Brahmins involved in the conspiracy to a remote area south of the Vindhyas. Brahmins needed money for their purposes. Kalhan reports that several avaricious Hindu rulers looted the treasuries and even burned Hindu temples of the Shahi and Katoch rulers in neighboring areas long before the well known looting by the Muslim Mahmud Ghazni.

According to The Rajatarangani (IV/112), Chandradip, a Buddhist ruler of Kashmir, was killed by Brahmins in 722 AD. His successor Tarapida was killed two years later. The newly anointed Brahma-Kshastra (Rajput) rulers usurped power in the kingdoms of Sind and Kota. Graha Varman Maukhari, married to Harsha’s sister, was treacherously killed by Sasanka, king of Gauda (Bengal). He proudly destroyed many stupas and cut down the sacred Bodhi tree at Gaya.

According to Gopinath Rao (East & West Vol. 35) the old tribal shrine at Jaganath Puri was usurped by Vaisnavas and the walls of the temple even today displays gory murals recording the beheading and massacre of Buddhists.

Epigraphica India Vol XXIX P 141-144 records that Vira Goggi Deva, a South Indian king, described himself as… “a fire to the Jain scriptures, a hunter of wild beasts in the form of the followers of Jina (Jains) and an adept at the demolition of Buddhist canon”. It also records “the deliberate destruction of non Brahminical literature like books of Lokayat/ Carvaca philosophy by Brihaspati mentioned by Albaruni in the 11th century.” The huge Buddhist complex at Nagarjunakonda was destroyed. According to Shankara Dig Vijaya, the newly anointed Brahma-Kshastra kings ordered every Kshatriya to kill every Buddhist young and old and to also kill those who would not kill the Buddhists. A Jain temple at Huli in Karnataka had a statue of five Jinas (Jain heroes) that was re carved into a Shaivite temple with five lingas.
E.S Oakley (in his ‘Holy Himalaya’) Rhys Davids (in ‘Buddhist India’) and Daniel Wright (in ‘History of Nepal’) quote several Nepalese and Kumoani documents showing that Buddhism had been the prevailing religion of the Himalayas with Badrinath and Kedarnath as Buddhist temples until Shankaracharya (788 -820 AD) usurped them in the 8th century and the shrines at Badri and Kedar were then converted into shrines of Shiv and Vishnu. Wright records that “there had been a curious intermixture of the two religions with Buddhist priests officiating at the temples of Pashupati (Shiv) and all the four castes following the religion of Buddha.” There is no evidence that Shankaracharya directed such persecution but what is likely is that power-hungry local rulers may have used his great name to lend legitimacy to their own destruction and looting. Many local hill rajas now invited Brahmins to their domains to get themselves elevated to the rank of Kshatriyas. And many were encouraged to attack Buddhist monasteries.

Several Nepalese accounts state that the followers of Buddha were ruthlessly persecuted, slain, exiled and forcibly converted – many converted rather than face death, humiliation or exile. The attackers tested their faith by making them perform ‘Hinsa’, or the sacrifice of live animals, that was so abhorrent to Buddhists and Jains. Many bhikshunis, or Buddhist nuns, were forcibly married and the learned Grihasthas were forced to cut off the distinguishing knot of hair on top of their heads. 84,000 Buddhist works were searched for and destroyed.

It is believed that Shankara introduced pilgrimages to those new Hindu holy places in the Himalayas for the first time to prevent their relapse into Buddhist or animist ways. As sufficient local Brahmins could not be found who were willing to preach in such remote places he imported Nambudri Brahmin priests from Kerala who, to this day, officiate at Badrinath, and Kedarnath.

Later as the mountain settlements grew other Brahmins like the Joshis and Pants from Maharashtra, Gairolas from Bengal and Negis from Gujarat were also invited to settle in the hills. Holy pilgrimages then ensured a constant influx of Hindu pilgrims with the presence of many traders, priests and rulers who had a vested interest in sustaining Hindu pilgrimages to these sacred spots.

Long held opinions admit reluctantly to the fact that oceans of blood were shed in the quest for power even among those who now consider themselves peace loving and spiritual Hindus. In India, as in every country, the hunger for political power and masculine dominance, and looting for treasure and girls, led to many examples of bloodshed and this became even more vicious when rulers used and abused the power of God-based religion to motivate their followers. The worst examples were undoubtedly the bloodshed in the name Christianity and Islam but there are also many examples among other people and their religions. Buddhism that had been so strong in India in the 7th Century had been completely obliterated a century later.

Indian Genocide in Kashmir

Indian Genocide in Kashmir

With the UN Human Rights Council sessions in Geneva currently taking place it is a perfect time to explore India’s end of the bargain vis a vis the plebiscite promised for Kashmir to decide its right to self-determination. Kashmir’s fate has been lying in the hands of India for over 6 decades and with UN Resolutions passed we would like to know how satisfied the UN is with the “pace” India is showing in making room for that promised plebiscite under UN auspices whilst also questioning what the international community is doing about the gross human rights violations being committed by India in India-controlled Kashmir? If Indian Premier Jawahalal Nehru declared on 3 Nov 1947 “We have declared that the fate of Kashmir is ultimately to be decided by its people. That pledge we give not only to the people of Kashmir but to the world. We will not and cannot back out of it” – what is delaying the inevitable?

 Kashmir – area

Kashmir comprises three natural divisions of Jammu, Kashmir and Ladakh. The territory of Kashmir is said to be larger than 121 independent countries and bigger than 117 nations of the world. The total area of the state of Jammu and Kashmir is about 2,22,236 sq. km. India controls 45% of the original kingdom of Jammu and Kashmir, 35% is controlled by Pakistan and since 1962 China has been occupying the remaining 20%. In addition to this, 5,180 sq. km. of J&K were ceded to China by Pakistan under the March 1963 Sino-Pak Boundary agreement. It also shares a 221- km. international boundary with Pakistan in the Jammu region and 365 km. with China in its Ladakh sector. Dividing Indian and Pakistan controlled areas is the “line of control (LOC)” which is 1001km long.

 Kashmir has a population of 12million. Spoken Kashmiri combines Persian and Arabic languages while written Kashmiri uses Urdu script. There are 9million people in the Indian side of Kashmir of which 6million are Muslims while the rest are Hindus, Buddhists and Sikhs. Kashmir valley is virtually all Muslims though in Ladakh Buddhists are in the majority and Muslims are in the minority in Jammu.

 The problem

The problem of Kashmir dates back to 1947 when India was partitioned. At the time of Indian independence the Maharajah of Jammu and Kashmir had not decided whether to join the Indian republic and so did not solicit help from India when J&K came under attack from tribal Pathans on 20th October 1947. By the time the Maharajah sought assistance from India Pakistan had occupied almost half of Kashmir. In April 1948 the UN Security Council Resolution suggested a plebiscite for the Kashmiri people after Pakistan vacated Kashmir. Since UN has a habit of confusing situations in giving India the right to maintain law and order by keeping a military presence, Pakistan opted not to leave Kashmir and thus ended any signs of a referendum. Thereafter, it has been nothing but accusations between the two nations. The usual UN/US jargon continues accusing “both sides” of violations. Discussions have dragged for decades leading India and Pakistan to wage 6 wars (3 major and 3 minor).

 As for the Kashmiris they continue to suffer. Do they secede from a country (India) which they have never acceded to? This then means Kashmiri’s cannot be called secessionists. Moreover, India claims the “instrument of accession” signed by the maharajah is missing from the Indian state archives when the US and some Arab states requested to see the authenticity of the text.

 The situation of the Kashmiri’s has arisen due to failure to exchange populations at the time of partition of India and Pakistan as in the case of Greece-Turkey, Germany-Czechoslavakia, Bulgaria-Turkey, Poland-Germany, Bosnia-Serbia, Croatia-Serbia. This raises a question of why partition of countries should take place if populations are not exchanged.

 Currently in the background to the US Resolution against Sri Lanka backed by India we question the double standards of totally ignoring India’s refusal to carry give self-determination to Kashmir whilst committing human rights violations both of which the UN/US and the West have conveniently ignored for decades. Why is India not given ultimatums? If the solution has been arrived at and all it takes is for India to be reminded that it is now time to hold the plebiscite what is stopping UN and Navi Pillay taking action against India?

 India’s Human Rights Violations

India is complaining about “militarization” of Sri Lanka’s north completely forgetting that Sri Lanka’s troops are not on foreign land, they are not forcibly occupying areas whilst Indian troops are occupying the world’s highest militarized zone with over 750,000 Indian military personnel, that is 1 Indian soldier for every 4 Kashmiris!

 From the moment the British-supported maharajah sought India’s support to crush the “Quit Kashmir” movement; India has been occupying part of Kashmir and committing human rights violations with impunity. With unprecedented human rights violations India’s media dishing out all sorts of lies on Sri Lanka.

 When India is questioning Sri Lanka a nation that not only defeated the terrorists that India helped create whilst saving close to 300,000 Tamil civilians who would have been possibly used as human shields by the LTTE, India has conveniently forgotten the ghosts that haunt its actions.

 So what does India have to respond to the accusations of torture, extrajudicial killings, fake encounters, plunder, rape, sexual harassment, custodial disappearances, arbitrary detentions, ruthless suppression of peaceful political dissent, arbitrary firing on civilians?

 It is not that the UN or the West is unaware of India’s crimes they even have documentation – we want to know why India’s genocides are being shielded?

·         A US Congress Resolution in 2006 labeled the violence in Kashmir as “ethnic cleansing”.

·         UN Commission on Human Rights reports 1.5million refugees from Indian-administered Kashmir now in Pakistan-administered Kashmir?  

·         Innumerable statements on killings by Indian security forces – some human rights groups have accused India’s security forces of even using child soldiers.

·         Amnesty International accuses Indian security forces of custodial torture

·         Wikileaks quotes ICRC that Indian security forces were physically abusing detainees by beatings, electrocutions and sexual interference.

·         The Indian Army is accused of massacres examples of which include Bomai killing 2009, Gawakadal massacre, Kulgam massacre 2006, Zakoora and Tengpora massacre 1990, Sopore massacre.

·         The number of men missing has resulted in a new term “half-widows”.

·         Human right activists estimate the number of disappeared over eight thousand, last seen in government detention.

·         There are supposedly thousands of mass graves across Kashmir. 2730 bodies uncovered in 4 of the 14 districts, 574 bodies were identified as missing locals.

·         Parents of Disappeared Persons (APDP), which in March 2008 released a report, titled, “Facts Underground”, had indicated the presence of unidentified graves. The APDP, which estimated around 10,000 people disappeared during the last two decades, claims, “many missing people may have ended up in these unmarked graves.”

·         A recent report on human rights violations by Indian Army and its paramilitary forces in Indian Occupied Kashmir disclosed that since 1989, there have been deaths of 93,274 innocent Kashmiris, 6,969 custodial killings, 117,345 arrests and 105,861 destructions of houses. Indian brutal security forces have orphaned over 107, 351 children, widowed 22,728 women and gang raped 9,920 women. 

·         Christof Heyns, a special rapporteur on extrajudicial executions, has warned India that “all of these draconian laws had no place in a functioning democracy and should be scrapped.”

·         The 1994 Human Rights Watch on summary executions of detainees by Indian security forces in Kashmir says that extrajudicial killings took place within hours of arrest and were carried out as a “matter of policy”.

·         In 2010 US State Dept report cited extrajudicial killings by security forces in areas of conflict including Kashmir as a major human rights problem in India.

·         Medecins Sans Frontieres report says 17,000 people (mostly women) have committed suicide during the last 20 years in Kashmir. 11.6% Kashmiri’s claim they have been sexually abused or raped. Kashmir had only 1 mental hospital with just 1200 patients – now there are over 100,000 patients.

 What is India preaching to Sri Lanka about “accountability” – India needs to be first charged for its crimes.

India’s response to the allegations has been to pass the Armed Forces (Special Powers) Act, 1958 (AFSPA) in 1990 that protects Indian armed forces personnel from being prosecuted. The Act shields all acts of human rights violations committed by Indian troops.

 The Act has been condemned by UNHRC Navi Pillay who has requested the AFSPA to be repealed. With this request ignored why is Navi Pillay silent?

 The Armed Forces Special Powers Act allows Indian armed forces all the powers to :

·         fire upon or use other kids of force even if it causes death, against the person who is acting against the law or order in a “disturbed” area

·         destroy any arms dump, prepared or fortified position or shelter or training camp from which armed attacks are made by armed volunteers or armed gangs

·         to arrest without a warrant anyone committing cognizable offences and may use force if needed for the arrest.

·         To enter and search any premise to make arrests, to recover any person wrongfully restrained, to recover any arms, ammunition or explosives and seize it.

·         Stop and search any vehicle or vessel suspected to be carrying such persons or weapons

·         Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government’s judgment on why an area is found to be disturbed subject to judicial review.

·         The Act also protects persons acting in good faith from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.

This Act has certainly drawn lessons from India’s own humiliation in Sri Lanka’s North where the Indian Peace Keepers lost over 1000 lives and Indian soldiers were accused of large scale rape of Sri Lankan Tamil civilians, indiscriminate shooting and plunder. The “impunity” given to Indian soldiers takes into consideration every accusation of crimes and human rights violations which India is obviously guilty of to make sure its personnel are not incriminated.

 The UN decision – right to self-determination for Kashmiris

 If the UN determined that the Kashmiri people had the right to self-determination and the UN set out a plan to realize this right and solve the political and military impasse between India and Pakistan over the issue of Kashmir – why is the UN not making firm decisions. Would this not help tensions between the 2 countries in the absence of this long drawn out issue?

 Moreover, it appears the UN is enjoying watching the confusion. In 1956 the Kashmiri Constituent Assembly chosen by Indian was not accepted claiming that it was not done through a plebiscite under the UN Security Council Resolution 122. This again stresses that the political rhetoric on Kashmir must now come to a close. 

 The accusation against India is that while it agreed with the British that the people of Kashmir would decide their own fate via a plebiscite of the Kashmiri people under the auspices of the UN and the UN Security Council went on to appoint a Plebiscite Administrator beyond 1956 no such appointee was made. Instead India went on to take large parts of Kashmir and to commit genocide and war crimes which the UN and West are ignoring.

 This makes the UN and human rights lobbies all culpable for the crimes being committed with impunity in Kashmir. They know the crimes but they are not taking action against India.

 The West and in particular the US that is concerned about human rights appears to ignore the HR violations taking place in the Indian-controlled Kashmir breaching Geneva Conventions and customary humanitarian laws.

 Future

Kashmir today is not the Kashmir of 1947. There are little or no Hindus, Sikhs or Buddhists in Kashmir now. For India it is more of an ego issue to forfeit Kashmir over and above the strategic importance of Kashmir.

 To India, giving up Kashmir is more of a showdown and humiliation having occupied the territory with an iron-fist for decades. India cannot shy away from the fact that amongst the South Asian nations it continues to remain an intrusive neighbor with a child-like tendency to always bully other nations. It has come to such an impasse that India cannot steer policy away from including the tactic of destabilizing and bullying nations.

The importance of Kashmir is obviously nothing that needs special mention. The ladakh area itself is oil rich, natural resources are in abundance and it is close to China – the West’s arch enemy.

 The Iran-Pakistan-China gas-oil pipeline is one partnership the West would feel threatened about while India is not welcomed.  

The route will be from Iran to China through Pakistan’s southwestern region of Balochistan, northward across Punjab onto non-Pashtun eastern areas (to avoid jihadists) of the North-West frontier province through the federally administered Northern areas and to Chinese-held areas of Kashmir. China is offering USD500billion for the 2600km venture. Sri Lanka’s leaders need to realize these true friends of Sri Lanka as against the humiliation India continues to pile on Sri Lanka. Our partnerships must be with these friends and not India.

 If Kashmir is not to be given self-determination in the least the crimes committed against the Kashmiris by India must cease and we would like to know why UN, US and allies are ignoring India’s crimes when a Resolution offering self-determination has been arrived at decades ago?