Silencing Kashmir: The Battle for Information and Freedom in the Digital Age

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Humayun Aziz Sandeela

The ongoing situation in Kashmir has garnered significant attention globally, yet the narrative often remains constrained by the limitations of mainstream media. With conventional outlets frequently failing to cover the complexities and realities on the ground, social media platforms have emerged as crucial avenues for disseminating information. However, in recent years particularly after abrogation of Article 370 and 35A, these platforms have also faced increasing restrictions, in Indian illegally occupied Jammu and Kashmir. Kashmiris have long been denied their fundamental right to access information, a situation exacerbated by frequent internet disruptions in the region. These restrictions have profound implications for the Kashmiri population, hindering their ability to communicate, share vital information, and engage in meaningful dialogue about their rights and aspirations. The Vienna Declaration, adopted at the World Conference on Human Rights in 1993, emphasizes the importance of the right to seek, receive, and impart information as a crucial component of human dignity and democracy. Furthermore, the observance of International Day for Universal Access to Information on September 28 each year serves as a reminder of the global commitment to ensure that all individuals can access information freely. In Kashmir, however, this ideal remains elusive, as ongoing restrictions not only stifle public discourse but also inhibit the region’s social and economic development. The denial of access to information is not merely a local issue; it undermines the principles of human rights and democracy that the international community strives to uphold.

The Importance of Access to Information

Access to information is a fundamental human right and a cornerstone of democratic societies. The Vienna Declaration emphasizes the importance of access to information as a prerequisite for the realization of other rights, including the right to freedom of expression. In the context of Kashmir, this right becomes even more crucial as the region grapples with a long-standing conflict, human rights violations, and a struggle for self-determination.

The situation in Kashmir is multifaceted, involving historical grievances, territorial disputes, and ongoing violence. The inability of mainstream media to adequately cover these issues often leads to a skewed understanding of the situation. Local voices, experiences, and realities frequently go unheard, making it essential for alternative platforms to provide a counter-narrative.

Social media has become a vital space for sharing information and personal accounts of life in Kashmir. Platforms like Twitter, Facebook, and Instagram allow individuals to bypass traditional media gatekeepers and tell their stories directly. This grassroots journalism fosters a more nuanced understanding of the conflict, enabling people to engage with the lived experiences of those affected by the ongoing turmoil.

The Role of Social Media in the Kashmir Narrative

In recent years, social media has served as a lifeline for Kashmiris to express their views, share information, and document human rights abuses. Activists and ordinary citizens have utilized platforms like Twitter to raise awareness about incidents of violence, political repression, and daily hardships faced by the Kashmiri people. Hashtags such as #KashmirBleeds and #KashmirUnderSiege have gained traction, highlighting the plight of the region and drawing international attention.

However, the effectiveness of social media as a tool for information dissemination is increasingly under threat. The Indian government has implemented measures to curtail internet access in Kashmir, particularly during times of unrest. These disruptions often come in the form of complete internet blackouts or severe restrictions on social media platforms, stifling communication and limiting the flow of information.

Internet Disruptions and Their Implications

Internet disruptions in Kashmir are a manifestation of a broader trend of digital repression observed in various regions experiencing conflict or dissent. In Kashmir, the government has justified these measures as necessary for maintaining law and order, arguing that social media can be used to incite violence or spread misinformation. However, these justifications often obscure the detrimental impact on freedom of expression and the right to information.

The consequences of internet shutdowns are far-reaching. They inhibit the ability of citizens to communicate with one another, access news and information, and share their experiences. In an age where information is primarily consumed online, these disruptions serve to isolate communities and deny them the right to participate in the global discourse surrounding their struggles.

Moreover, internet blackouts can hinder the efforts of humanitarian organizations and journalists working to document human rights abuses. Without reliable access to information, it becomes increasingly challenging to hold governments accountable for their actions. The lack of transparency fosters an environment where violations can occur without scrutiny, perpetuating cycles of violence and repression.

Indian government-Imposed Restrictions on Journalists

The Indian government has employed various tactics to impose restrictions on journalists since abrogation of Article 370 in Kashmir.

Legal Framework: The Indian government often cites laws like the Indian Telegraph Act and the Unlawful Activities (Prevention) Act (UAPA) to justify shutting down communication channels or detaining journalists.

Control Over Reporting: The Press Information Bureau and local authorities have imposed guidelines that limit reporting on certain topics, particularly those related to national security and human rights violations.

Cases of Media Outlets Being Shut Down

Several media outlets have faced shutdowns or severe restrictions:

Kashmir Reader: As per Voice of America, this newspaper was barred from publishing in 2018 for allegedly violating laws related to content. The situation worsened in 2019 when it was suspended indefinitely, impacting independent reporting in the region.

Local Cable Channels: As reported by Scroll.in and International Federation of Journalists, some local channels have been shut down for broadcasting content deemed sensitive or critical of the Indian government. This has led to a significant reduction in independent local media.

Censorship of News Related to Protests and Human Rights Violations

Censorship of news is particularly acute concerning protests and human rights violations:

Restrictions During Protests: News outlets have been pressured to refrain from covering protests or documenting incidents involving security forces and civilians. This has created a culture of self-censorship among journalists.

Human Rights Reporting: As per Kashmir News, Scroll.in and Voice of America organizations like Amnesty International and Human Rights Watch have reported that journalists are often blocked from covering human rights abuses, resulting in a significant information vacuum concerning these critical issues.

Statistics on Journalist Arrests

Arrests and Detentions: According to reports by Kashmir News and Scroll.in, over 45 journalists have been arrested in Kashmir since the abrogation of Article 370, with many facing charges under the UAPA or other draconian laws.

Summary of notable journalist arrests in Jammu and Kashmir from 2019 to 2024, highlighting names, dates, cities, and the context of their arrests:

The Vienna Declaration and Its Relevance

The Vienna Declaration, adopted at the World Conference on Human Rights in 1993, reaffirmed the universality of human rights and the importance of access to information as a means of promoting democracy and accountability. The declaration emphasizes that “the promotion and protection of human rights is a matter of priority for the international community.”

In the context of Kashmir, the principles outlined in the Vienna Declaration are particularly pertinent. The right to seek, receive, and impart information is not just an abstract ideal; it is a practical necessity for those living under oppressive regimes. The declaration highlights that access to information is essential for the protection of human rights, enabling individuals to make informed choices and engage with their communities.

As Kashmir continues to grapple with political turmoil and social unrest, the international community must recognize the implications of internet disruptions on the region’s inhabitants. The principles of the Vienna Declaration call for a concerted effort to safeguard the right to access information, particularly in contexts where it is under threat.

The Global Response to Internet Restrictions

The global response to internet restrictions in conflict zones like Kashmir has been mixed. While there have been calls for action from human rights organizations and advocacy groups, concrete measures to address these issues remain limited. The international community must recognize that the right to access information is integral to the realization of other human rights, including the right to life, liberty, and security.

Organizations such as Human Rights Watch and Amnesty International have documented the detrimental effects of internet blackouts in Kashmir, emphasizing the need for accountability and transparency. Advocacy efforts must continue to push for international standards that protect the right to information, holding governments accountable for actions that infringe upon this fundamental right.

 The Way Forward

To address the challenges posed by internet disruptions and ensure access to information in Kashmir, several steps must be taken:

International Advocacy: The international community must raise awareness about the situation in Kashmir and advocate for the protection of the right to access information. This includes calling on governments to respect their commitments under international human rights law.

Support for Local Journalists: Initiatives aimed at supporting local journalists and activists can help amplify their voices and provide them with the tools they need to document human rights abuses. This can include training, resources, and funding for independent reporting.

Promoting Digital Literacy: Increasing digital literacy among the Kashmiri population can empower individuals to navigate online spaces effectively and advocate for their rights. Educational initiatives can equip people with the skills needed to engage with social media and access reliable information.

Encouraging Alternative Platforms: The development of alternative platforms for sharing information can help counteract the effects of internet restrictions. Initiatives that promote community-based journalism and citizen reporting can provide critical insights into the realities of life in Kashmir.

Strengthening International Norms: Efforts to strengthen international norms regarding internet access and freedom of expression are essential. Collaborative initiatives between governments, civil society organizations, and tech companies can help create frameworks that protect these rights.

The situation in Kashmir underscores the vital importance of access to information in the context of human rights and democratic governance. As mainstream media continues to falter in its coverage, social media remains a crucial platform for sharing the realities of life in conflict zones. However, the increasing restrictions on internet access pose significant challenges to the right to information.

The Vienna Declaration serves as a reminder of the fundamental nature of this right and the obligations of the international community to protect it. Moving forward, a concerted effort is needed to ensure that the voices of the Kashmiri people are heard, and their stories are shared, fostering a greater understanding of the complexities surrounding the conflict. In the pursuit of justice and accountability, the right to access information must remain at the forefront of efforts to promote human rights in Kashmir and beyond. Ends

UN Declarations and Treaties

Universal Declaration of Human Rights (UDHR): Adopted in 1948, the UDHR affirms the right to freedom of opinion and expression. Article 19 specifically emphasizes that everyone has the right to seek, receive, and impart information regardless of frontiers. This declaration serves as a foundational document for advocating universal access to information(IFJ)(Kashmir News).

International Covenant on Civil and Political Rights (ICCPR): Ratified in 1966, the ICCPR builds on the principles established in the UDHR. Article 19 protects the right to freedom of expression and access to information, making it binding for countries that have ratified it, including India.

Convention on the Rights of the Child (CRC): Article 17 of the CRC recognizes the right of children to access information and media, including those that promote social and cultural well-being. This treaty emphasizes the importance of information access for younger populations.