Alarming land acquisition in IIOJK post-2019: FIDH highlights risks to Kashmiri identity
#IIOJKSettlerColonialism
Paris: A new report from the International Federation for Human Rights (FIDH), a prominent French-based global rights advocacy organization, has raised serious alarms regarding widespread land seizures in Indian illegally occupied Jammu and Kashmir (IIOJK), comparing the scale of these actions to that of Hong Kong.
According to Kashmir Media Service, in its 56-page report titled “Your Land is Our Land – India’s land rights violations in Kashmir” and published on its website, the FIDH details how drastic legal and policy changes enacted after 2019 have severely impacted the human rights of Kashmiris, particularly concerning land rights. The report highlights that since the revocation of IIOJK’s special status, authorities have intensified efforts to appropriate Kashmiri land under the pretext of removing illegal encroachments, raising fears of significant human rights violations among local populations.
“The alterations in Kashmir’s land laws have enabled Indian authorities to forcibly evict thousands of Kashmiris from their homes, often without due process and in violation of international human rights obligations,” the report asserts.
Moreover, FIDH notes that new laws introduced by New Delhi since 2019 allow any Indian citizen to gain permanent residency in Jammu and Kashmir, granting them the right to purchase land, apply for jobs, and vote in elections. Referring to the United Nations guidelines, the FIDH said that by “removing protections and rights to land that existed in Jammu and Kashmir prior to August 2019,” the BJP-led Indian government has “implemented policies… that risk causing significant alterations to Jammu and Kashmir’s socio-demographic composition, with severe ramification for socio-economic and political rights of Kashmiris.”
“Changes made to land laws after August 2019 (which)… allow for land acquisition by any Indian citizen… has intensified fear of demographic changes, with many Kashmiris perceiving them as acts of ‘demographic aggression’ that threaten the identity of Muslim-majority Jammu & Kashmir,” it states.
In January 2023, the IIOJK administration launched an extensive so-called anti-encroachment drive aimed at reclaiming approximately 2.24 million kanals of land, an area comparable to the size of Hong Kong. This initiative has left local residents in a state of terror over potential loss of their homes and properties.
The report emphasizes that these land seizures have been facilitated by a series of new regulations implemented by the Indian government after 2019, which have either amended or abolished the pre-existing land laws that were in place when IIOJK was still a state.
Within a month of the eviction drive’s launch, the IIOJK administration reportedly took over 10 lakh kanals (about 250,000 acres) of land. The report raises concerns that this is part of a broader ethno-nationalist agenda by the Indian government aimed at targeting Muslim households, dispossessing locals of their land, and engineering demographic changes.
FIDH also critiques the proposal by the IIOJK administration to establish a “Special Investment Corridor” in Srinagar, intended to create over a million new jobs, arguing that it could potentially attract non-local residents, further altering the demographic landscape.
Additionally, the report indicates that changes to permanent residence rules, land laws, and lease agreements under the J&K Reorganisation Act of 2019 could significantly impact the political makeup of Jammu and Kashmir. Notably, in 2022, 2.5 million new voters were added to the electoral list, accompanied by efforts to alter electoral boundaries, which the report suggests may dilute the political representation of Kashmiri Muslims.
The report also highlights new reservation rules introduced since 2019, which appear to favor predominantly Hindu, high-caste, and pro-BJP ethnic groups under the guise of empowering historically marginalized communities.
FIDH calls on the Indian government to restore the democratic rights of the people in occupied Jammu and Kashmir by repealing laws such as the Unlawful Activities (Prevention) Act, the Public Safety Act (PSA), and the colonial-era sedition law.
The research for this report was conducted between January and August 2024, including interviews with academics, lawyers, and journalists in Kashmir, along with references to media reports and historical texts.
