Over the last year, violence and monitoring persisted in Occupied Kashmir
Several notable socio-political developments have unfolded in the Indian-Occupied Jammu and Kashmir that are poised to impact the region’s human rights landscape. The Indian government has depicted these events as advancements fostering welfare, democracy and economic prosperity of the region. However, amidst the purported progress, the region has struggled with numerous challenges that exacerbate the already dire situation for its residents.
Kashmir, with its Muslim-majority population, is one of the most heavily militarised regions globally, a consequence of the decades-long conflict. This year, as Kashmir Solidarity Day marks its 34th anniversary, the echoes of these struggles for self-determination and human rights resonate louder than ever. For countless Kashmiris, the pursuit of a peaceful resolution and a brighter future remains a fervent hope, fuelled by the unwavering support of those across the Line of Control and around the world.
Unsettling stories of violence and monitoring in Occupied Kashmir persisted in 2023. An annual assessment of the state of human rights in Occupied Kashmir, published by the advocacy group Legal Forum for Kashmir, states that there were 248 killings in the territory in 2023. These comprised 100 members of the armed forces, 66 extrajudicial deaths of civilians and 82 militants. Notably, remote districts like Rajouri and Poonch have seen deadly attacks against Indian troops over the past two years, resulting in the loss of at least three dozen soldiers. This shift suggests that militants have found a new area to engage Indian forces in the region’s mountainous terrain and dense forests.
231 arrests were made under the Public Safety Act in the course of the year. This raised concerns about how this law is applied and abused in the area. The vaguely formulated law allows for detention for up to two years without charge or trial on the purported presumption that the persons involved may in the future commit acts harmful to the state. The crackdown under PSA serves as an example of the difficulties encountered by people looking for justice and accountability. In 2011, Amnesty International labelled the PSA a “lawless law,” saying its widespread and abusive use “risks undermining the rule of law and reinforcing deeply held perceptions that police and security forces are above the law.”
Additionally, police have been given unlimited access to monitor social media accounts, presumably in order to track anti-Indian behaviour, which raises concerns about spying. This monitoring of widely recognised social media sites, such as WhatsApp, X, Snapchat, Instagram, Telegram, and TikTok, constitutes a grave invasion of privacy and jeopardises the rights of common people.
A significant event this year was the unanimous decision by the Indian Supreme Court to uphold the revocation of Article 370 on December 11, 2023. This represented a turning point in the region’s history. This historic verdict essentially abolished the unique provision of the Indian constitution, which for many years had given Occupied Kashmir a degree of autonomy. The Kashmiri people see it as an attack on their identity and autonomy. It has also had consequences like human rights abuses, excessive use of force by law enforcement agencies, a communications blackout and restrictions on movement that severely impact the lives of ordinary people.
The pursuit of justice and human rights in Occupied Kashmir continues to be a difficult effort in the face of growing challenges. The year 2023 served as an upsetting reminder of the numerous problems affecting the region and the need for the attention of the international community.
After more than 658 days in jail, a renowned Kashmiri journalist, Fahad Shah, was released from a Jammu jail. The Jammu and Kashmir High Court granted him bail, noting that there was “not enough evidence” to prosecute him for terrorism. The Kashmir Walla, an independent news portal owned by Fahad Shah, was also banned early in the year for reasons that were not disclosed by the government. The central government has not issued a comment regarding the news portal’s prohibition.
Many activists, media organisations and human rights organisations have denounced the Unlawful Activities Prevention Act as harsh and primarily a tool of India’s Bharatiya Janata Party government to target opposition politicians and human rights advocates.
Human rights advocate Muhammad Ahsan Untoo was arbitrarily detained and abused. Six UN human rights experts voiced alarm over Untoo’s imprisonment in a letter to the Indian government dated April 20. They claimed that it seemed to be part of a plan to intimidate, disrupt, detain and punish anyone who advocated for human rights and engaged in journalism. Khurram Parvez, a renowned human rights defender, is also in jail on fabricated charges. In 2022, Human Rights Watch had reported that since 2019, at least 35 journalists in Kashmir have been subjected to police interrogation, raids, threats, physical assault or fabricated criminal cases due to their reporting.
Press freedoms in India have steadily diminished since Prime Minister Modi was first elected in 2014. Back then, the country held the 140th position in the global press freedom index, according to media watchdog Reporters Without Borders. However, this year, India’s ranking has plummeted to 161 out of 180 nations.
Srinagar became an unexpected host for the third G20 Tourism Working Group conference, a significant international gathering in May 2023. The summit brought together national leaders, business leaders and delegates from G20 member nations in the area. This marked the first major international event in Kashmir since 2019. However, given the continued active conflict in the area and the elevated security concerns, the event was not without its difficulties. China and Pakistan both criticised India for hosting the event in Kashmir, as the Indian government claims to bring Kashmir back to normalcy.
The pursuit of justice and human rights in Occupied Kashmir continues to be a difficult effort in the face of growing challenges. The year 2023 served as an upsetting reminder of the numerous problems affecting the region and the need for the attention of the international community. There is hope that the next elections in India and Pakistan in the first quarter of 2024 will result in new administrations working for the restoration of formal bilateral relations, which were put on hold in 2019. Alot depends on how the elections will turn out.
The writer is a freelance contributor based in Azad Jammu and Kashmir. She tweets at @hunain_mahmood and can be reached at hunainmehmud101@gmail.com