India’s crackdown on human rights activists in Kashmir: A violation of civil liberties
The United Nations Special Rapporteur on the situation of human rights defenders – Mary Lawlor – recently urged the Indian government to end its crackdown on human rights activists in Kashmir. Her words are expected to fall on deaf ears, with the Indian government showing no signs of stopping efforts to silence voices critical of the state. This should come as no surprise to the civilian population of Kashmir – which has been subject to years of oppression and subjugation at the hands of the Indian state. Arbitrary detentions, forced disappearances, torture, rape and the use of pellet guns to blind protestors are among a handful of the tactics used to suppress the local population of the region. A region that has been subject to an armed rebellion against the rule of the Indian state since 1989.
The Kashmir conflict is an event with firm roots in the past and consequences that continue to shape the politics of the world around us. Since the partition of the Indian sub- continent in 1947, India and Pakistan have fought no less than three wars and numerous skirmishes over the region – with both nations claiming the territory in its entirety (the exception being a small sliver of uninhabited land that Pakistan has ‘ceded’ to China – the Aksai Chin). It is one of the longest running active armed conflicts in the world - perpetuating for over seven decades and resulting in the region becoming one of the most heavily militarized zones in the world. There have been multiple attempts to resolve the conflict through peaceful means including numerous resolutions by the United Nations. However, despite these attempts, the Kashmir conflict has waged for almost seventy-six years. Near constant violence occurs along the de-facto border separating the Pakistani and Indian sides of Kashmir. The Kashmiri people, meanwhile, have suffered gross human rights violations. While these violations occur on both sides of the border, human rights violations in Pakistani-occupied Kashmir are “of a different caliber or magnitude and of a more structural nature” than that of their Indian counterparts (OHCHR, 2018, p. 5). The violations are especially apparent on the side of Kashmir occupied by India – contributing to thousands of civilian deaths and unrest in the disputed region.
India’s ongoing efforts to suppress dissent in the region of Kashmir have drawn international criticism for their violation of civil liberties. As the government continues to dislodge civilian populations and restrict communication, human rights activists and journalists who seek to report on these actions have faced increasing repression. One of the key targets of the government’s crackdown has been human rights activists and journalists who seek to report on the situation in Kashmir. These activists have faced detention, harassment, and intimidation by government forces. In some cases, they have been charged with sedition or terrorism, despite engaging in peaceful activism. This is recently exemplified by the terrorism charges levied against Khurram Parvez – a human rights activist and journalist for the Jammu Kashmir Coalition of Civil Society – JKCCS. Khurram has been incarcerated by the Indian government for speaking out against them since November 2021. In late March 2023 Parvez was charged with terrorism by India’s main counter-terrorism body for his activism work, which lead to condemnation from Mary Lawlor and the international community. Khurrams’ detention is seen as an attempt to silence dissenting voices and restrict freedom of the press.
Laws such as the Armed Forces Special Powers Act 1990 (AFSPA) and the Jammu and Kashmir Public Safety Act 1978 (PSA) allow these human rights violations to occur with impunity. Subsequently, the Indian state has been able to perpetuate human rights violations against the population of Kashmir without any fear of repercussions or accountability. Section 7 of the AFSPA effectively forbids accountability of security personnel, banning their prosecution unless authorized by the Indian government – who has not allowed a single prosecution since the introduction of the act. In addition to this, Section 4 of the act violates the right to life by allowing Indian personnel to use lethal force against Kashmiris in any situation they deem appropriate.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) determined in a 2018 report that human rights abuses committed by Indian personnel in Kashmir include: administrative detention, excessive use of force, killings of civilians, arbitrary arrests and detentions (including that of children), torture, enforced disappearances, violations of the right to health; restrictions on the right to freedom of expression, reprisals against human rights defenders and restrictions on journalists, violations of the right to education, impeding and lack of access to justice, use of pellet-firing shotguns, and sexual violence.
There are concerns that India is mounting a settler-colonialist project in Kashmir
The Indian government’s crackdown on human rights activists and journalists has had a chilling effect on their work, making it increasingly difficult for them to report on the situation in Kashmir. There are concerns that India is mounting a settler-colonialist project in Kashmir. The aim of which would be to change the demographics of Kashmir from Muslim to Hindu. However, these concerns have been down-played by the Indian government, which formally annexed the state of Jammu and Kashmir in August 2019. The government has restricted movement and communication in the region, making it harder for activists to gather information and share it with the world. The international community has taken notice of the situation in Kashmir and has spoken out against the government’s actions. In July 2019, the UN Human Rights Council released a report on the human rights situation in Kashmir, expressing concern over the government’s use of excessive force and restrictions on freedom of expression. The Indian government rejected this report in its entirety. “Instead of addressing human rights concerns, Indian officials have sought to project the appearance of progress”, Human Rights Watch said. International human rights organizations such as Amnesty International and Human Rights Watch have also called on the Indian government to respect civil liberties and allow for greater transparency in the region.
In conclusion, the Indian government’s crackdown on human rights activists in Kashmir is a deeply concerning development that has serious implications for the geopolitics of the region and beyond. By stifling dissent, silencing critical voices, and restricting freedom of expression, the government is perpetuating a cycle of violence and repression that has plagued the region for decades. The impact of the government’s actions extends far beyond the immediate human rights abuses being committed in Kashmir. It undermines the principles of democracy and the rule of law, and threatens the lives of the Kashmiri people. It is essential that the Indian government take immediate steps to address the ongoing human rights crisis in Kashmir. This includes ending the use of excessive force against peaceful protesters, releasing all detained human rights activists and journalists, and allowing free and unfettered access to the region for international human rights monitors and media. The government must also engage in meaningful dialogue with all stakeholders, including civil society groups and the Kashmiri people, to address their concerns and seek a peaceful and lasting resolution to the conflict.
The international community has a crucial role to play in addressing the human rights crisis in Kashmir
Further, the international community has a crucial role to play in addressing the human rights crisis in Kashmir. Governments, human rights organizations, and the media must continue to speak out against the Indian government’s actions and advocate for the protection of human rights in the region. They must also hold the Indian government accountable for any abuses committed and ensure that those responsible are brought to justice. Ultimately, the situation in Kashmir highlights the urgent need for greater protection of human rights and civil liberties around the world. As the Indian government continues its crackdown on human rights activists in Kashmir, it is crucial that the international community stands in solidarity with those who are risking their lives to defend fundamental rights and freedoms. This necessitates being the voice for a people who are being silenced.
The world needs to start talking about Kashmir.