Stone pelting doesn’t give India free pass to use lethal force: Human Rights Watch

Stone throwing by Kashmir protesters does not give India free pass to use lethal force, Human Rights Watch (HRW) has said.
HRW also asked India to investigate the use of lethal force in Kashmir.
In a statement issued here, HRW said Indian authorities should credibly and impartially investigate use of force by police during violent protests in Jammu and Kashmir that have killed over 30 people and injured hundreds.
HRW said since the killing of Burhan Wani and two other Hizb-ul-Mujahedin militants on July 8, 2016, demonstrations had occurred in various parts of the state in which protesters had hurled stones.
HRW said police, troops and paramilitary forces had responded by firing pellet guns, teargas, and live ammunition.
“Stone-throwing at demonstrations is serious but does not provide police a free pass to use force against protesters,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “The Indian authorities need to send a clear message that lethal force is only an option when a life is at imminent risk, and those misusing force will be held accountable.”
HRW said Indian authorities need to send a clear message that lethal force was only an option when a life was at imminent risk, and those misusing force would be held accountable.
The international human rights body said while law enforcement officials had a duty to protect lives and property, they should use nonviolent means as far as possible, only use force when unavoidable and in a proportionate manner, and use lethal force only when absolutely necessary to save lives.
HRW said Burhan, 22, had a large following among Muslim Kashmiris who shared his demands for secession and an end to abuses by police, troops, paramilitary forces.
The rights body said after Burhan’s death, thousands attended his funeral following which protests started, and the government ordered a curfew and blocked the Internet in some places.
The Indian government should publicly order its troops and paramilitary forces to abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Human Rights Watch said.
According to HRW, the Basic Principles state that troops and paramilitary forces shall “apply non-violent means before resorting to the use of force and firearms,” and that “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall: (a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved; (b) Minimize damage and injury, and respect and preserve human life.” Furthermore, “intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.”
The Basic Principles further provide that, “[i]n cases of death and serious injury or other grave consequences, a detailed report shall be sent promptly to the competent authorities.” The authorities should not only investigate the use of firearms that resulted in death and injury, but also the use of pellet guns, which can cause serious injury when fired at close range or at an individual’s eyes. The findings of the investigation should be public and result in appropriate disciplinary action or prosecution. Past lack of accountability for serious human rights violations has been a driving force in the protests.
Protest organizers should take steps to deter supporters from engaging in violence, including attacks on law enforcement officers, HRW said.
“A major grievance of those protesting in Kashmir is the failure of authorities to respect basic human rights,” Ganguly said. “Ensuring that rights are protected and prosecuting those responsible for abuses would be an important first step.”