Kashmir’s unyielding spirit

In the heart of Occupied Kashmir, voices rise not in whispers but in cries, filling the air with a raw urgency. Streets bustle not with peace but with resistance, and mountains watch over scenes of unrest. Lives are marked by tear gas and curfews, as families walk under the shadow of uncertainty and fear, each day an endurance against forces that attempt to subdue their spirit.

Youth and elders alike face the unrelenting tide of state force, as innocence is shattered by the sounds of gunfire, and homes are marked by loss. Despite the turmoil, resilience pulses through the people, unyielding in their pursuit of dignity and justice amid the constant echoes of struggle. The land itself, vibrant and unbowed, stands as a testament to their enduring spirit.

In the recent elections, the people of Jammu and Kashmir have spoken decisively, with the National Conference (NC) winning the largest share at 42 seats, followed by the Bharatiya Janata Party (BJP) with 29. The Modi government's strategy appears aimed at solidifying its controversial actions from 2019, which fundamentally altered the political landscape of IIOJK.

This included enabling an influx of Hindus from across India, thereby threatening the demographic balance and transforming the Muslim majority into a minority through the implementation of domicile policies. Such demographic shifts are seen not just as administrative changes but as deliberate steps to alter the region’s identity and political dynamics.

Following the revocation of Article 370 in August 2019, the region saw one of the longest internet shutdowns in any democracy. Internet access was restricted for over 18 months, with the region experiencing ongoing intermittent blackouts. These restrictions impacted daily life, healthcare, education, and freedom of expression.

Thousands of Kashmiris, including political leaders, activists, and minors, were detained under laws like the Public Safety Act (PSA) and the Unlawful Activities Prevention Act (UAPA). These laws allow authorities to detain individuals for extended periods without trial, raising concerns of abuse and violation of fair trial rights. In 2020, Amnesty International ceased operations in India, citing a “witch hunt” by the Indian government, which froze the organisation’s bank accounts after it released reports on human rights violations in Kashmir.

Indian authorities have increasingly used the Unlawful Activities (Prevention) Act, the country’s primary counterterrorism law, to arrest human rights defenders, including journalists and activists, in Occupied Jammu & Kashmir, with at least 36 journalists facing harassment through interrogations, raids, threats, and even physical assault for their reporting. In 2021, the region experienced at least 85 internet shutdowns, one of the highest numbers globally, despite the Supreme Court mandate that such measures satisfy the tests of necessity and proportionality.

These restrictions, often justified as ‘counterterrorism’ measures, have severely impacted access to information and communication. Additionally, since the revocation of Jammu and Kashmir’s limited autonomy in August 2019, thousands of civilians, many innocent, have lost their lives amid intensified conflicts and military operations, highlighting the devastating toll on local communities and the suppression of freedoms in the region.

The Modi government has enacted sweeping changes – administratively, electorally, and demographically – under the guise of returning to normalcy. Prior to the elections, the central government significantly increased the powers of the lieutenant governor (LG), a position appointed directly by Delhi, thereby severely limiting the authority of any subsequently elected government.

This power grab included extensive control over local police, civil service appointments, and public order, with the LG’s decisions insulated from review by the Council of Ministers. Such moves indicate that the Modi administration intends to maintain a tight grip on the region, aware that the BJP and its affiliates are unlikely to secure a genuine electoral mandate.

This concentration of power sparked outrage across Jammu and Kashmir and elicited strong rebukes from national opposition parties. Leaders from the NC and the People’s Democratic Party (PDP) condemned these actions as attempts to undermine democracy, with former chief minister Mehbooba Mufti characterising the region’s governance as being reduced to mere municipal oversight. Omar Abdullah echoed this sentiment, labelling the chief minister's office as a "powerless rubber stamp”.

The Congress Party went further, condemning these actions as a "murder of democracy”. An independent report by the Forum for Human Rights in Jammu and Kashmir also criticised the Modi government's recent manoeuvres, reflecting a broader concern about the erosion of democratic principles in the region.

The Pakistan People’s Party (PPP), under the leadership of Chairman Bilawal Bhutto Zardari, has steadfastly supported the Kashmiri people's right to self-determination, emphasizing that they are not alone in their struggle. A legitimate exercise of self-determination cannot occur under the shadow of foreign occupation, nor can it be fulfilled through an electoral process that lacks genuine democratic integrity.

Pakistanis and Kashmiris on both sides of the Line of Control recently observed Kashmir Black Day to mark 77 years since the unlawful entry of Indian troops into the valley. This event, viewed as a violation of international norms, was commemorated through protests and rallies globally to condemn ongoing human rights abuses and the protracted suffering of the Kashmiri people.

Demonstrators highlighted the oppressive policies imposed by India in the region, using this occasion to renew calls for international awareness and intervention. They emphasised the decades-long struggle for self-determination and freedom, asserting that the situation in Jammu and Kashmir remains a pressing issue of justice and human rights.

Whenever afforded the opportunity to express their views, the people of Occupied Kashmir make it clear that they seek autonomy and a path free from the Indian government's heavy-handed control. The electoral results, therefore, are not merely a reflection of political sentiment but a profound statement about the aspirations of a people yearning for their rights and recognition on the global stage.

Kashmir's resistance is not just a fight for local governance or political representation; it is a call for self-determination, a demand for acknowledgement of their distinct identity and longstanding grievances. The message to New Delhi from Kashmir is unambiguous – this is a region that refuses to be silenced or subdued, despite unprecedented restrictions and heightened military presence.

The writer is an MNA and a member of the National Assembly’s Standing Committee on IT. She holds a PhD in law.