Article: Human Rights Abuses and Draconian Laws in Occupied Jammu & Kashmir

Raies Mir (Human rights activist)

Human rights abuses persist in Indian occupied Jammu and Kashmir, facilitated by a series of draconian laws that have institutionalized impunity for the Indian armed forces and suppressed dissent. These laws have been used to justify widespread violations, including torture, extrajudicial killings, rape, enforced disappearances, arbitrary detention, and restrictions on freedom of speech, movement, and assembly.

1. Armed Forces (Special Powers) Act (AFSPA)

What it does: Grants Indian forces broad powers in “disturbed areas”, including the right to arrest without a warrant, shoot to kill in certain situations, and enjoy legal immunity for their actions.

Impunity: Indian personnel cannot be prosecuted without central government sanction, which is rarely granted.

Human Rights Abuses: Widely reported incidents of torture, extrajudicial killings, and enforced disappearances.

Calls for repeal: Groups like Amnesty International and the UN have repeatedly called for its repeal.

2. Public Safety Act (PSA)

What it does: Allows for preventive detention of individuals without trial for up to 2 years.

Misuse: Often used to silence political dissent, including against minors.

No fair trial: Detainees are often held without clear charges or due process.

Judicial review: PSA detentions are immune from regular judicial oversight.

3. Unlawful Activities (Prevention) Act (UAPA)

What it does: An anti-terror law that allows detention without charge for 180 days and can label individuals as “terrorists” without trial.

Vague definitions: The definition of “unlawful” or “terrorist” activity is broad, which can criminalize dissent.

Low conviction rate: A large number of arrests, but very few convictions — raising concerns about misuse.

Bail is difficult: The law makes it extremely hard to get bail, which means people can be imprisoned for years before any conviction.

4. Prevention of Terrorism Act (POTA)

What it did: Similar to UAPA, but more severe in some provisions.

Widespread misuse: Used to target minorities and political opponents.

Human rights abuses: Reports of torture and forced confessions.

5 . Disturbed Areas Act

 Enables areas to be declared “disturbed”, which triggers the application of AFSPA and expanded powers for the military.

Used to justify a prolonged military presence and suspension of civilian laws and rights.

6. Terrorist and Disruptive Activities (Prevention) Act (TADA) (Repealed in 1995)

 Allowed detention without trial and accepted confessions made to police as evidence.

Rampant abuse: Tens of thousands were arrested, but very few were convicted.

Torture and coerced confessions: Led to international condemnation.

Broader Human Rights Context in Kashmir

Kashmiris see these laws as tools of occupation and suppression, used to crush political dissent and the demand for self-determination.

Documented Abuses

• According to Kashmir Media Service, from 1989 to August 2025, around 176,527 Kashmiris, including political leaders, activists, journalists, women, and human rights defenders, have been detained under various laws.

• APDP & JKCCS documented 432 cases of torture in 2019, with 231 victims subjected to electric shock.

• Between 2008–2018, over 1,000 civilians were reportedly victims of extrajudicial killings (OHCHR).

• Amnesty International reports:

At least 60 instances of crackdown on journalists and defenders since 2019.

Widespread misuse of travel bans, passport revocations, and surveillance against critics.

Crackdown Post-Abrogation of Article 370/ 35 AS (August 2019)

Following the revocation of Article 370 and 35A, India intensified its control over the region:

• Over 1,028 civilians killed, and more than 2,900 detained under repressive laws.

• Prominent Hurriyat leaders, including Masarrat Aalam Butt, Shabbir Ahmed Shah, Muhammad Yasin Malik, Aasiya Andrabi, and others, have been detained in jails in IIOJK and across India.

• Journalists like Masrat Zahra, Majid Hyderi, Asif Sultan, and Sajad Gul face travel bans, detentions, and UAPA charges.

• Waheed Para, a PDP activist, was denied travel for a Yale fellowship under vague “national security” grounds.

• Scholars like Dr. Nitasha Kaul and journalists like Amrit Wilson have been denied entry or had their OCI cards revoked for voicing criticism.

Targeting of Legal Professionals and Civil Servants

• In 2024, several lawyers, including Adv Mian Abdul Qayoom, Adv Nazir Ahmed Roonga, Adv Muhammad Ashraf Butt, Adv  Muzaffar Qayoom and Zahid Ali, were arrested under PSA.

• Over 500 government employees have been dismissed since 2015 without due process for alleged “anti-India” sentiments.

Impact on Families and Society

• Detainees held outside Kashmir face deliberate isolation, making it hard for families and legal counsel to access them.

• Cordon and Search Operations (CASOs) by Indian forces have been routine since the 1990s, often leading to arbitrary detentions and abuses.

• Surveillance, and media gagging further exacerbate the repression.

Statements from Human Rights Bodies

• Amnesty International (2022–2024): Called for the immediate release of those detained for exercising free speech and demanded cooperation with UN mechanisms.

• Aakar Patel, Chair of Amnesty India:

“The Indian authorities must end their campaign of harassment and intimidation against dissenting voices… The repression must end immediately.”

Conclusion

The continued use of laws such as AFSPA, PSA, and UAPA in occupied Jammu and Kashmir violates India’s domestic constitutional commitments and its international human rights obligations. These laws serve the interests of impunity, not justice.

The human rights situation in Indian-occupied Jammu and Kashmir remains a serious threat to human dignity, regional stability, and international security. This crisis is perpetuated by the continued enforcement of draconian laws such as the Armed Forces Special Powers Act (AFSPA), the Public Safety Act (PSA), and the Unlawful Activities (Prevention) Act (UAPA), which prioritize state power over individual rights and shield perpetrators from accountability.

Laws are meant to serve people, not power. Yet in Kashmir, these legal instruments have enabled systemic abuse rather than providing justice. Thousands of Kashmiris remain detained under these so-called “black laws,” often without due process, in stark violation of international human rights norms.

For decades, victims have suffered in silence due to a lack of transparency, prosecution, and institutional accountability. Unless India undertakes meaningful legal reforms, ensures justice for victims, and engages in international cooperation, the situation will continue to deteriorate—posing a growing threat to peace and security not only within the region but globally.

Laws must serve people, not power.

Until India addresses the Kashmir dispute and these violations through legal reform, accountability, and international cooperation, the crisis in Kashmir will continue to threaten human, regional, and global security.