A black day in history

August 4, 2024

Arbitrary detentions and violations of human rights continue in Indian-held Kashmir, five years after the abrogation of Article 370

A black day in history


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t has been five years since the abrogation of Article 370 of the Indian constitution. The provision had granted special autonomous status to Jammu and Kashmir. Article 370 allowed the region to have its own constitution, regional flag and legislative authority. The article also protected land purchases and citizenship rights. The intention behind the abrogation in August 2019 was to enhance Jammu and Kashmir’s integration with India and foster economic development. However, the move was met with significant criticism and controversy.

The abrogation has led to increased political instability and a sense of alienation among the local population. The region has seen heightened security measures, including extended periods of communications blackouts and restrictions on movement that have disrupted daily life and economic activities. Additionally, concerns about human rights violations and arbitrary detentions have been raised by local as well as international observers.

Reports of arbitrary detentions, including the detention of political leaders, activists and civilians without formal charges, have raised alarm among human rights defenders. The use of the Public Safety Act to detain individuals without trial has been particularly contentious. Sajjad Gul, Fahad Shah (now free), Khurram Pervez, Aasif Sultan, Irfan Mehraj and many other activists and pro-independence leaders have been detained under bogus charges.

Additionally, there has been excessive use of force by security personnel, suppression of dissent and restrictions on freedom of expression. The entire Hurriyat political leadership has been detained for several years, leading to significant unrest in the region. Many Kashmiri leaders, including Syed Ali Geelani, have died in custody. The controversial trial of the prominent Kashmiri politician, Yasin Malik, and his death sentence exemplify the harsh repression faced by the local leadership.

According to a global report on internet censorship in 2022, Jammu and Kashmir experienced more internet shutdowns and restrictions than any other region in the world. According to the digital rights group Access Now, the internet blackout in Kashmir that began on August 5, 2019, and lasted 175 days, was one of the longest internet shutdowns ever enforced. These extensive shutdowns have severely impacted communication, access to information and the daily lives of the region’s residents.

The Bharatiya Janata Party government led by Modi claimed that Article 370 was repealed in order to eradicate “terrorism” in the area and that the security of the area had improved as a result. However, according to the South Asia Terrorism Portal, the number of killings in Indian-administered Kashmir increased from 135 in 2019 to 140 in 2020 and 153 in 2021. Although the number of reported incidents decreased to 72 in 2023, 33 security personnel were killed that year, compared with 30 in 2022, which saw 151 incidents. Despite government assurances of improved security and development, songoing human rights concerns continue to cast a shadow over the region. Calls for greater transparency, accountability and respect for civil liberties have been increasing. On March 24, 2023, the special rapporteur on the situation of human rights defenders issued a press release highlighting that India must immediately end its crackdown against Kashmiri human rights defenders. Indian authorities appear to be intensifying the long-standing repression of Kashmiri civil society. Kashmiri human rights defender Khurram Parvez has been arrested (for a second time) on terrorism charges.

A black day in history


The Bharatiya Janata Party government, led by Prime Minister Modi claimed that Article 370 was repealed in order to eradicate “terrorism” in the region and that security situation improved as a result. However, according to the South Asia Terrorism Portal, the number of killings in Indian-Administered Kashmir increased from 135 in 2019 to 140 in 2020 and 153 in 2021.

According to Freedom in the World 2024, Jammu and Kashmir’s global freedom score is 26/ 100, indicating that it is Not Free. The region scored 6/ 40 in political rights and 20/ 60 in civil liberties. https://freedomhouse.org/country/indian-kashmir/freedom-world/2024

Speaking to The News on Sunday, Altaf Wani, the chairperson of the Kashmir Institute of International Relations, said that the abrogation of Article 370 and 35-A had exacerbated the sense of alienation and disenfranchisement among the people of Jammu and Kashmir, leading to a cycle of continued disengagement and suppression by the Indian government. One of the most significant impacts of the abrogation of the articles is the erosion of the political rights of the people of Jammu and Kashmir. The decision to revoke the special status of the region has effectively disempowered the local population, depriving them of their right to self-governance and autonomy. The imposition of direct rule from New Delhi has further marginalized the voices of the Kashmiri people, stifling their political aspirations and undermining their democratic rights.

The political landscape in Jammu and Kashmir has been marred by a sense of disenfranchisement. The voices of the local populace have been drowned out by a top-down approach to governance that fails to recognise the unique aspirations and grievances of the people. The absence of local representation and the sidelining of local political leaders have created a vacuum that breeds discontent and alienation. The recent upsurge in armed struggle has proved Indian claims of normalcy false.

The recent elections in Jammu and Kashmir, part of the 2024 Indian general elections, were the first since the revocation of Article 370. They saw the highest voter turnout in 35 years, with 58.46 percent across the Union Territory and 38 percent in Srinagar. The abrogation aimed to fully integrate Jammu and Kashmir into India. The results were balanced, with the Jammu and Kashmir National Conference and the Bharatiya Janata Party each winning two seats, and an independent candidate securing one.

Since the abrogation of Article 370 in August 2019, the region has undergone significant changes. It is crucial to invest in socio-economic development, education and political engagement to address the grievances that underpin the conflict. A sustainable resolution requires not only addressing the symptoms but also tackling the root causes of discontent which is longstanding denial of the right to self-determination to the people of Jammu and Kashmir living across the Line of Control. The international community needs to act on reports of human rights abuses in the region. Addressing these concerns is vital to ensuring that the region moves forward in a manner that respects the rights and dignity of all its residents. Releasing all political prisoners, particularly the pro-independence leaders, is essential to initiate a meaningful dialogue.


The writer is a freelance contributor based in Azad Jammu and Kashmir. Her X handle: @hunain_mahmood. She can be reached at hunainmehmud101 @gmail.com

A black day in history