AS the five-year mark of the revocation of Article 370 passed on August 5, 2024, the region of Jammu and Kashmir continues to reel from the disastrous consequences of this detrimental decision. Modi government’s unilateral move to revoke the special autonomous status of Jammu and Kashmir in 2019 has not only stripped away the region’s political identity but also plunged it into a quagmire of human rights abuses, economic hardship, and social unrest.
Since the revocation of Article 370, Indian authorities have imposed severe restrictions on free expression, peaceful assembly and other fundamental rights in Jammu and Kashmir. Reports of extrajudicial killings by security forces have persisted, highlighting the brutal measures employed to maintain control over the region. Human rights defenders and critics face arbitrary arrests and raids, often based on dubious terrorism allegations under stringent laws like the Unlawful Activities (Prevention) Act (UAPA).
These broadly written legislation, such as the Armed Forces Special Powers Act (AFSPA) and the Disturbed Areas Act, allows security forces to search homes and arrest suspects without a warrant, shoot suspects on sight, and destroy buildings believed to house militants or arms. Following the 2019 reorganization of the region, the central government now has the sole authority to declare an area “disturbed” under the AFSPA, which activates enhanced powers for security forces. The Public Safety Act allows detention without charge or trial for up to two years. This law is used to jail mainstream political leaders held in parts of India outside Kashmir.
While using these draconian laws as a shield, Indian government’s crackdown extends beyond innocent civilians to journalists and Human rights activists. Since 2019, at least 35 journalists in Kashmir have faced police interrogations, raids, threats, and fabricated criminal charges due to their reporting. UN experts have highlighted the continued harassment and prolonged detention of human rights defenders and journalists in IOK. Independent journalist Irfan Mehraj, editor of the online outlet Wande Magazine, was arrested on dubious sedition and terrorism charges.
Indian security forces frequently disregard court orders that impose constraints on their actions. Authorities frequently re-arrest individuals after courts grant them bail, ensuring continuous suppression of dissenting voices. For instance, last year, the Jammu and Kashmir High Court ordered the release of Asif Sultan, a reporter for the magazine Kashmir Narrator who had been detained since 2018, apparently for publishing work critical of the government. However, the court order did not go into immediate effect, and both Mehraj and Sultan remained in detention till today.
Alongside, Indian forces continuously conduct raids on locations associated with the Jammu and Kashmir Coalition of Civil Societies (JKCCS), a prominent human rights organization, claiming it was channeling funds to terrorist groups. The revocation of Article 370 has also exacerbated economic and social hardships for the people of Jammu and Kashmir. The unprecedented internet shutdown, severely disrupted daily life, preventing access to essential services, hindering communication, and crippling the local economy. Despite claims by Indian authorities that these measures were necessary to prevent violence, the impact on the population has been disproportionately harsh.
India’s attempts to portray a facade of normalcy through events like the G20 Tourism Working Group meeting in IOK in 2023 have been highly criticized and the UN Special Rapporteur on Human Rights Issues noted that such events provide a misleading sense of peace while human rights violations continue unabated.
Modi government’s reluctance to address these concerns underscores the need for stronger international pressure. This reluctance is illustrative of India’s broader stance, based on a stubborn resistance to resolving the Kashmir issue peacefully. Prime Minister Narendra Modi has shown little interest in engaging in meaningful dialogue to address the grievances and rights of the Kashmiri people, opting instead for a policy of repression and control. International bodies should initiate independent investigations into the human rights abuses reported in Jammu and Kashmir as these investigations can provide a comprehensive understanding of the situation and help in resolving the issue effectively.
Encouraging dialogue between Pakistani and Indian officials is crucial for a sustainable resolution. The international community can mediate, prioritizing Kashmiri rights and aspirations. The upcoming Shanghai Cooperation Organization (SCO) meeting in Pakistan this October presents an opportunity for such dialogue. With its diverse membership, including both India and Pakistan, the SCO can foster discussions to reduce tensions and promote regional peace. Given their nuclear capabilities, the stakes are high, and SCO members should bridge the gap to ensure a stable and peaceful South Asia, as any escalation could have catastrophic global consequences.
—The writer is a current affairs analyst and faculty at the National University of Science and Technology (NUST), Islamabad.
(guleayeshabhatti@gmail.com)
