Concerns regarding the degradation of human rights and restrictions to fundamental freedoms in Jammu & Kashmir have been the subject of several previous communications this year: UA IND 4/2020 (sent on 27 February 2020), AL IND 6/2020 (sent on 4 May 2020), AL IND 8/2020 (sent on 12 May 2020) and AL IND 11/2020 (sent on 1 July 2020). We deeply regret that only one of these communications received a response from your Government (AL IND 6/2020 on 31 July 2020).

…we express serious concern at the alleged use of counter-terrorism measures as a basis for searches, confiscations and investigations against human rights defenders, journalists and related entities. Should these allegations be confirmed, they would constitute acts of intimidation and reprisals initiated against the legitimate activities related to human rights advocacy and journalism on the situation of Jammu and Kashmir. In this context, the reported use of security and counter-terrorism legislative provisions, such as the UAPA to regulate the activities of human rights defenders and journalism is of particular concern to the Special Rapporteurs. 

The use of the UAPA is also concerning to us since this Act authorises warrantless searches and individual arrests for up to 6 months when the person is designated as “terrorist”. Moreover, its broad scope makes it easily amenable to abuse. This is particularly troubling given the severity of the punishment that anyone charged may suffer. 

We are also concerned that the reported acts of harassment and violation of the right to privacy against the above mentioned people and entities may deter other human rights defenders and journalists from reporting on issues of public interest, and human rights, which are particularly pertinent worldwide and at this territory.