The Indian government’s use of anti-terror laws against civil rights activists and journalists in Indian illegally occupied Jammu and Kashmir and other regions has sparked widespread concern.
Calls are growing internationally to hold India accountable for the deterioration of the political and human rights situation in Kashmir, Manipur, and reports of persecution of Muslims and other minorities across the country.
Human rights groups have consistently demanded scrutiny of India’s human rights record and accountability for government officials using anti-terror laws to suppress dissent and silence dissenters in IIOJK.
The Unlawful Activities Prevention Act (UAPA) remains the most misused law, allowing for the detention of individuals without trial for up to 180 days. It has been used by Indian authorities in Kashmir to arrest political leaders, activists, journalists, and students.
The Sedition Law (Section 124A of the Indian Penal Code) criminalizes free speech deemed “seditious” and has been used to silence critics of the government.
Similarly, the National Security Act (NSA) allows for the detention of individuals without trial for up to 12 months and has been used to silence activists and journalists in Kashmir and elsewhere in India.
The Public Safety Act (PSA), specific to Kashmir, allows for the detention of individuals without trial for up to two years.
The Armed Forces Special Powers Act (AFSPA) grants military and other law enforcement agencies sweeping powers to arrest, search, and shoot, and has been criticized for being a major cause of human rights violations in the region.
The Foreign Contribution Regulation Act (FCRA) regulates foreign funding for NGOs and has been used to silence civil society organizations critical of the government.
Criticized for their vague language, broad scope, and potential for abuse, the widespread application of these laws has led to a decline in democratic freedoms and human rights not only in Kashmir but in other parts of India as well.
In Kashmir, these laws have been arbitrarily used to detain political leaders, activists, and journalists without fair trial, stifle protests and demonstrations, censor free speech, and silence opposing voices.
Despite facing regular scrutiny, India has escaped actionable consequences due to realpolitik. Groups such as Amnesty International, Human Rights Watch, Jammu and Kashmir Coalition of Civil Society, and the International Federation for Human Rights have submitted reports to human rights bodies or the UN Commissioner for Human Rights regarding the human rights conditions in Kashmir.
These groups, along with Kashmiri activists, have submitted reports and statements during the recently concluded 56th session of the UNHRC. They met officials from the Office of the High Commissioner for Human Rights, seeking investigations and accountability for abuses in Indian Kashmir.
Special Rapporteurs Concern
Earlier, UN Special Rapporteurs criticized India for its abuse of draconian laws, particularly in the context of Kashmir.
Former Special Rapporteurs Nils Melzer, David Kaye, Mary Lawlor, Agnes Callamard, and current Special Rapporteur Morris Tidball have all criticized the harassment and intimidation of human rights defenders in Kashmir.
Ahead of the Indian delegation’s appearance before the UN’s Human Rights Committee on July 15-16, in as many as 24 joint communications, special rapporteurs raised concerns over reported extrajudicial killings, arbitrary detentions, destruction of property, use of excessive force, and misuse of draconian laws by India, urging thorough investigations into these incidents.
Before this crucial meeting, CIVICUS – a global alliance of civil society organizations and activists dedicated to strengthening citizen action and civil society – submitted a detailed report to the Committee highlighting the plight of human rights defenders and journalists in Kashmir and the declining state of civic space and human rights in the region.
During the fourth review by the Human Rights Committee, the 32-member Indian delegation faced persistent questions about the lack of implementation of India’s comprehensive constitutional and legal framework for protecting human rights, reported violence against religious minorities, and misuse of terror laws.
Experts specifically mentioned the use of the Jammu and Kashmir Public Safety Act, granting extensive powers to executive bodies to investigate and seize property based on suspicions of “terrorist” activities, undue censorship of online content, frequent suspension of mobile internet services in Jammu and Kashmir, and prosecution of persons for criticizing the government online and prosecution of members of the armed forces.
“How are these laws compatible with the International Covenant on Civil and Political Rights? How is the State party ensuring accountability for the armed forces? What amendments will be made to counter-terrorism laws to ensure compliance with the Covenant?” UN experts asked the Indian delegation.
The Indian delegation’s reliance on the constitution to justify their actions in Kashmir, while failing to provide satisfactory answers to questions about the use of draconian laws, raises concerns about accountability and transparency.
These laws have been accused of facilitating human rights violations, such as extrajudicial killings, enforced disappearances, and torture.
Transnational Killings
Experts also raised the question of transnational killings of Sikh and Kashmiri activists in different parts of the world by Indian intelligence agencies.
India needs to engage constructively with international bodies and address concerns about human rights in Kashmir, ensuring that the rights of all individuals are respected and protected.
The UN’s human rights machinery has been consistently working to monitor and report on human rights situations in member states, investigate and document human rights violations, provide technical assistance and capacity-building to member states, and hold member states accountable for their human rights obligations.
This is indeed the raison d’être of the UN, and a crucial aspect of its work to promote peace, justice, and human dignity.
Equal scrutiny of all countries is imperative to ensure that human rights, humanitarian laws, and treaties are upheld universally.
This principle of equal scrutiny is pivotal to holding accountable countries like India that have not only escaped scrutiny of their record, commitments, and actions on human rights at the highest level but also violated international law and human rights treaties.
The responsibility for holding India’s human rights-abusing regime accountable lies with the UN and other influential world governments, despite growing calls from human rights watchdogs and international organizations for accountability.
Countries with substantial influence, such as the US, UK, EU, Russia, and China, can exert pressure on India to repeal harsh laws and hold accountable those involved in human rights violations in Kashmir.
The author is the chairman of the Islamabad-based think tank, the Kashmir Institute of International Relations. He can be reached via email: Saleeemwani@hotmail.com and @sultan1913.
