Human Rights Abuses and Draconian Laws in Occupied Jammu & Kashmir

Raies Mir (Human Rights Activist)

Human rights violations in Indian-occupied Jammu and Kashmir (IIOJK) continue to worsen under a series of harsh laws. These laws protect Indian forces from accountability and limit the basic freedoms of Kashmiris. They have led to torture, killings, disappearances, and arbitrary detentions. This article examines the impact of these laws and the ongoing suppression of the Kashmiri people.

Armed Forces Special Powers Act (AFSPA): A License for Abuse

The Armed Forces Special Powers Act (AFSPA) grants the Indian military broad powers, allowing them to arrest without a warrant, shoot to kill, and operate with no legal oversight. The law also gives military personnel legal immunity, as prosecution requires approval from the central government, which is rarely granted. AFSPA has allowed widespread human rights violations, including torture, enforced disappearances, and killings, with no accountability for those responsible.

Public Safety Act (PSA): Preventive Detention Without Trial

The Public Safety Act (PSA) allows individuals to be detained without trial for up to two years. The law is often used to silence political opponents, with no fair trial or due process. Detainees are held without clear charges, and their detention is immune from judicial review. This law has been used extensively to target political leaders, activists, and ordinary people who speak out against the Indian government.

Unlawful Activities (Prevention) Act (UAPA): A Tool to Criminalize Dissent

The Unlawful Activities (Prevention) Act (UAPA) is another law used to stifle dissent. It allows detention without charge for up to 180 days and permits the labeling of individuals as “terrorists” without trial. The law’s vague definitions make it easy to target anyone who criticizes the government. UAPA has been misused to detain activists, journalists, and human rights defenders, with many detained for years without any conviction.

Prevention of Terrorism Act (POTA): Targeting Minorities and Political Opponents

Though repealed, the Prevention of Terrorism Act (POTA) still lingers in its legacy. POTA allowed for detention without trial, making it easier to arrest and convict people based on forced confessions. The law was used primarily to target minorities and political opponents, leading to widespread abuse. Though it is no longer in effect, the impacts of its use are still felt, especially in Kashmir, where it has been a tool for suppressing opposition.

Disturbed Areas Act: Justifying Military Presence

The Disturbed Areas Act allows the government to declare areas “disturbed,” triggering the application of AFSPA and granting military forces expanded powers. This law has been used to justify the Indian military’s prolonged presence in Kashmir, enabling them to bypass civilian law and operate with little oversight. The application of this law has led to the suspension of basic rights for Kashmiris, including the freedom of movement, assembly, and speech.

Terrorist and Disruptive Activities (Prevention) Act (TADA): A History of Misuse

The Terrorist and Disruptive Activities (Prevention) Act (TADA), repealed in 1995, was another law used to detain individuals without trial. TADA allowed forced confessions and gave police broad powers to arrest anyone deemed a threat. Despite its repeal, its legacy continues, as many Kashmiris were detained and tortured under this law without evidence or due process, highlighting the continued abuse of legal instruments in the region.

Kashmiris View These Laws as Tools of Oppression

For Kashmiris, these laws represent not just legal tools but mechanisms of oppression, used to crush political dissent and silence calls for self-determination. The use of AFSPA, PSA, and other laws serves to maintain military control in Kashmir and suppress the region’s long-standing demand for autonomy. These laws perpetuate a cycle of repression, undermining Kashmiris’ basic rights and freedoms.

Documented Abuses: Human Cost of Repression

The toll of these laws is evident in the documented human rights abuses. Since 1989, over 176,000 Kashmiris have been detained under various repressive laws. Reports by organizations like Amnesty International and Human Rights Watch document cases of torture, killings, and disappearances. In 2019, 432 torture cases were recorded, with many victims subjected to electric shock. These numbers reflect the widespread nature of the abuse in Kashmir.

Impact of Article 370 Revocation: Escalation of Repression

The revocation of Article 370 and 35A in 2019 further intensified the repression in Kashmir. Since the revocation, over 1,000 civilians have been killed, and more than 2,900 detained under various laws. Prominent leaders like Masarrat Aalam Butt and Shabbir Ahmed Shah, along with journalists like Majid Hyderi and Sajad Gul, have been detained or face travel bans. This move further escalated India’s crackdown on Kashmiris and bolstered its control over the region.

Targeting of Legal Professionals and Civil Servants

The repression in Kashmir is not limited to political leaders; legal professionals and civil servants have also been targeted. In 2024, several lawyers, including Mian Abdul Qayoom and Nazir Ahmed Roonga, were arrested under the PSA. Over 500 government employees have been dismissed without due process since 2015, accused of holding “anti-India” sentiments. These actions show how the Indian government uses legal and administrative power to silence dissent at all levels of society.

Impact on Families and Society: Isolation and Fear

Families of detainees suffer greatly as many individuals are held outside Kashmir, making it difficult for families to visit or communicate. Cordon and Search Operations (CASOs) are regularly conducted, leading to arbitrary detentions and violence. The fear of arbitrary arrest and the constant surveillance has created a sense of insecurity and trauma for the people of Kashmir. In addition, media gagging and the restriction of civil liberties further exacerbate the repression.

Statements from Human Rights Bodies: Calls for Accountability

Human rights organizations, including Amnesty International and Human Rights Watch, have repeatedly called for the repeal of these repressive laws. They demand the immediate release of political detainees and accountability for human rights abuses. Amnesty India’s Aakar Patel has stated that the Indian government must end its campaign of harassment and intimidation against dissenting voices. These calls for justice reflect the growing international concern over the situation in Kashmir.

Legal Reforms: The Only Path to Justice

The continued use of laws like AFSPA, PSA, and UAPA violates both India’s constitutional commitments and its international human rights obligations. These laws allow impunity for perpetrators and deny victims access to justice. Without meaningful legal reforms, the human rights crisis in Kashmir will continue. India must prioritize reform, ensure accountability for abuses, and comply with its international commitments if it hopes to bring an end to the crisis.

Conclusion: The Urgent Need for Reform and Accountability

The ongoing human rights abuses in Jammu and Kashmir, fueled by draconian laws, continue to harm the Kashmiri people and undermine regional stability. These laws prioritize state power over individual rights, enabling widespread abuse and impunity. For peace and justice to prevail, India must end the use of these oppressive laws, engage in legal reform, and ensure accountability. Until this is done, the human rights crisis in Kashmir will persist, threatening not only regional peace but global stability as well.