Since July 9 this year more than 130 ambulances, carrying injured and medical staff, have been attacked by forces resulting in damage to the vehicles and more importantly “loss of golden hours” , argues S Tariq
|| S.TARIQ (ANANTNAG)
While two months are nearing completion there seems to be no end to the uprising in the valley. Since 8th June, at least 70 people have been shot dead and over 6000 have been in action by forces, mostly young boys aged between 15 to 25 years. While there is no end to “protests calendars” and pro-freedom rallies, police and paramilitary forces are leaving no stone unturned to foil the programs. Every day the clashes between armed forces and protesting people end with injuries and at times deaths. In such circumstances, the ambulances are required by the health authorities to ferry the injured to the hospitals.
As per the laws described by international courts and organizations, the ambulance carrying the injured must be given safe passage in any circumstances to ferry injured, doctors and para-medical staff. But contrary to it, at least 130 ambulances have been damaged and a number of ambulance drivers and members of paramedics have been beaten by forces. In some cases protesting youth have also reportedly pelt stones at these ambulances. Ambulance driver Ghulam Mohammad Sofi, 32, was ferrying patients from Wussan village in central Kashmir to Srinagar when CRPF men fired pellets at him near Safa Kadal. Severely injured, Sofi took the patients to the nearby Shri Maharaja Hari Singh (SMHS) Hospital. In another case ambulance carrying two bullet hit youth of Bijbehara, Sajad an undergraduate student and Amir Nazir a Business Management graduate from Delhi University, was stopped by police when on way to Srinagar. The forces thrashed the attendants and the injured ruthlessly.
While Sajad survived after the surgery the ill fated Nazir lost the battle for his life. Younis Ahmad, General secretary Ambulance drivers association said, “We have never witnessed such a barbaric treatment from forces. They beat us and prevent us from performing our duties. They neither entertain our service ID cards nor the curfew passes issued by the district administration.” Every injured, attendant, driver and medical personal has a story to tell. “Movement of ambulances is halted, doctors and medical staff are beaten and even the curfew passes are not entertained,” is the common story shared by them all. “Even in war zones, emergency services like ambulances and medical staff are spared but unfortunately in Kashmir, these emergency services are often put to halt.”
Ambulance driver Ghulam Mohammad Sofi, 32, was ferrying patients from Wussan village in central Kashmir to Srinagar when CRPF men fired pellets at him near Safa Kadal.
W hat does international law say about the movement of ambulances and medical emergencies?
International Human Rights Law (IHRL) applies at all times, including in situations of armed conflict. In any situations of armed conflict, health-care personnel enjoy the same rights as any other person under the jurisdiction of a State. In addition, the rights of individuals to non-discriminatory access to health care under human rights law implies that State authorities must permit health-care personnel to treat people and protect them from arbitrary interference with their work. Among the most relevant of all human rights conventions is the International Covenant on Civil and Political Rights (1966), which includes the right to life, the right to be free from cruel, degrading and inhumane treatment.
In addition, the right to health, which was first formulated in the Constitution of the World Health Organization (1946) and affirmed by the International Covenant on Economic, Social and Cultural Rights (1966), should ensure: availability of health-care services, access to these services – physical access, affordability, information, and lack of discrimination, acceptance within the culture of the society concerned. International Humanitarian Law (IHL) is a legal regime that applies specifically in armed conflicts. IHL aims to limit the effects of armed conflict for humanitarian reasons. It aims to protect persons who are not or are no longer taking part in hostilities, the sick and wounded, prisoners and civilians, and to define the rights and obligations of the parties to a conflict in the conduct of hostilities. Both IHRL and IHL apply in armed conflict, though IHL generally prevails over IHRL because it offers more specific protection.
For example, in situations of armed conflict, medical personnel, units and transports are afforded specific kinds of protection under IHL. The following are amongst the most important provisions in this regard: Medical personnel shall be respected and protected; medical transports shall be respected and protected at all times and shall not be the object of attack; medical units shall be respected and protected at all times and shall not be the object of attack; under no circumstances shall medical units be used in an attempt to shield military objectives from attack; medical transports cease to be protected when they are used, outside their humanitarian function, to commit acts harmful to the enemy; examples of “acts harmful to the enemy” include the transport of healthy troops, arms or munitions, as well as the collection or transmission of military intelligence; examples of acts not harmful to the enemy include the carrying of light individual weapons by medical personnel for use in self-defense or in defense of the wounded and sick in their charge or small arms and ammunition that have just been taken from the wounded and have not yet been handed over to the competent military authority.
Even if acts harmful to the enemy are committed, a warning has to be given, setting, whenever appropriate, a reasonable time limit for compliance. Medical personnel, units and transports lose their protection only when such a warning remains unheeded and an attack is launched against them. Any attack must respect the principles of distinction and proportionality, for the benefit of the wounded and sick. As it is clear that the there is internationally accepted immunity for the movement of the ambulances and other medical emergencies amid the situations like now a days in Kashmir, the government shall make it sure that there shall be no hindrance in movement of Ambulances carrying injured or paramedical staff by the troops on duty. Also civil society and local civil bodies should keep vigil that stone pelting youth do not make any harm to the ambulances carrying medical staff from one place to another in this conflict zone.
Even in war zones, emergency services like ambulances and medical staff are spared but unfortunately in Kashmir, these emergency services are often put to halt.