This report by the Forum of Human Rights in Jammu and Kashmir (a group of prominent Indian citizens and former governmental officials) seeks to document the numerous human rights violations in Indian-Administered Jammu and Kashmir from August 4, 2019 to July 19, 2020 in five broad issue areas: civilian security, health, children and youth, industry and media.
Topics: overview and human rights issues, impact on civilian security, impact on children and youth, impact on health, impact on industry and employment, impact on media, conclusions and recommendations, estimates of losses to industry
Terms: abrogation of article 370, internet blockade, informational blockade, covid-19 pandemic, covid-19 lockdown, denial of right to medical care, denial right to education, denial of right to free speech, harassment of journalists, cordon and search operations, collective punishment, Central Reserve Police Forces (CRPF), Public Safety Act (PSA), Unlawful Activities Prevention Act (UAPA), curfew, denial of the right to free assembly, Section 144 of the Code of Criminal Procedure, arbitrary detention, violation of economic rights, denial fo right to work, denial of access to education, denial of political rights
Counter-insurgency concerns have been given absolute priority over public, civilian and human security, leading to an across-the-board violation of human rights, including the vitiation of protections such as habeas corpus, prevention of illegal detention and strict restrictions on arrest and detention of children. There has been denial of the right to bail and fair and speedy trial, coupled with misuse of draconian legislation, such as the Public Safety Act (PSA) and the Unlawful Activities Prevention Act (UAPA), to stifle dissent.
...the eleven months of lockdown, which saw frequent closures, harassment at barricades and checkpoints, and restrictions on mobile telephony and internet connectivity, have enormously impacted public health, and caused trauma and stress amongst the people of Jammu and Kashmir, violating the rights to health...
The impact on education has been particularly severe. Schools and colleges functioned for barely 100 days between 2019 and 2020 (the bulk of which were pre-August 2019). After the COVID-19 pandemic lockdown, the limiting of networks to 2G has made it impossible for online classes to function adequately.
Local and regional industries have suffered large losses in every sector. Many companies that are heavily or solely reliant on 4G networks that are available in the rest of the country, such as tourism and cottage industries, have been forced out of business.
Journalists have been harassed and even had draconian charges slapped on them, for example under the UAPA. Their content, readership and revenues have suffered such a sharp decline that dozens of journalists have lost their jobs. The new media policy, which introduces censorship by the Directorate of Information and Public Relations (DIPR) in coordination with security agencies, is a death blow to the freedom of the press and the freedom of expression.
Moreover, the Jammu and Kashmir administration’s decision to notify areas of the former state as ‘strategic areas’ for development by the army suggests further expansion of the military presence in hinterland and border areas.
July 2020
Originally published
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