India must end ‘vicious crackdown’ on human rights in Jammu and Kashmir: Amnesty

NEW YORK, Sep 03 (APP): Since India’s illegal annexation of Jammu and Kashmir three years ago, the Indian government has drastically intensified its repression of the people of the occupied state, including journalists and human rights defenders, by subjecting them to multiple human rights violations, according to a new report released by Amnesty International, a leading London-based rights watchdog.
The 31-page report – ‘We are being punished by the law: Three years of abrogation of Article 370 in Jammu & Kashmir’ – documents how civil society, journalists, lawyers, and human rights defenders have faced relentless interrogations, arbitrary travel bans, revolving door detentions and repressive media policies while blocking access to appeals or justice in courts and human rights bodies.
“For three years, civil society and media in Jammu and Kashmir have been subjected to a vicious crackdown by the Indian government, which is determined to stifle dissent using draconian laws, policies and unlawful practices in their arsenal,” Aakar Patel, Amnesty International’s India Board Chair, said in a statement.
“By harassing and intimidating critical voices, authorities are targeting all credible, independent sources of information in and about Jammu and Kashmir. All dissent is being silenced through heavy-handed repression, which has spread fear and uncertainty in the region,” he said.
“The government’s use of unlawful measures and unjust barriers impeding various rights in the region must be removed without further delay. The Indian authorities must end the long-drawn repression in Jammu and Kashmir immediately.”
Amnesty said it has recorded at least 60 instances of a crackdown on journalists and human rights defenders since August 2019.
A Kashmiri journalist who has been harassed by the authorities was quoted as saying to Amnesty, “They (security forces) tell you in so many ways – subtle as well as blatant – that the cost of pursuing journalism in Jammu and Kashmir is huge.”
The Indian government has total control of information coming out of the region after passing restrictive media policies such as the 2020 Revised Media Policy and 2021 Film Policy, Amnesty said. After an initial 552 days of internet shutdown, the Indian authorities continue to suspend internet services frequently in various parts of Kashmir often without any prior notice. In addition, the sudden forced closure of the Kashmir Press Club in 2022 by the Indian government was a big blow to the already diminishing media pool.
Amnesty said it also found that in the last three years, at least six people, including journalists, human rights activists and academics, were stopped from traveling abroad despite having the requisite travel documents. This violated their right to freedom of movement through arbitrary executive actions and was not backed by any court order, warrant or written explanation.
According to the data gathered by Amnesty, at least 27 journalists have been arrested and detained by the Indian authorities since 5 August 2019.
Several journalists including Fahad Shah, Aasif Sultan and Sajad Gul have been subjected to ‘revolving door’ arrests. In a continuing pattern, they have been arrested under one law, granted bail by the court, and then re-arrested almost immediately under the draconian Unlawful Activities (Prevention) Act (UAPA) – India’s primary anti-terror law in Jammu and Kashmir, keeping them continually detained.
A lawyer who handles such cases in southern Kashmir was quoted as telling Amnesty, “Since 2016, the increased malicious use of anti-terror laws makes it difficult for people to secure bail. [It] provides more flexibility to the police in keeping the person in pre-trial detention for 180 days even though the… charge sheets filed by the police [read like] nothing less than a book of fiction or novel.”
Amnesty said it reviewed 1,346 cases available on the High Court of Jammu and Kashmir’s website. It found that by 1 August 2022, the number of habeas corpus petitions increased by 32%, indicating a rise in unlawful detention in the last three years. Amnesty also reviewed the data published by National Crime Record Bureau and found that there has been a 12% increase in the use of UAPA in Jammu and Kashmir since 2019. This emerging trend in addition to the much-abused Public Safety Act (PSA) is also evidenced by an analysis of information on the High Court’s website.
Other intimidation tactics include malicious investigations and raids by the National Investigation Agency (NIA), and the Enforcement Directorate.
A senior editor of a prominent daily newspaper was quoted as telling Amnesty, “When the NIA raids a journalist’s house or the Enforcement Directorate threatens an editor with false cases, it not only impacts the journalist or editor but the entire community. They fear they can be next. It has become impossible for journalists to continue their work independently.”