In January 2023, Indian authorities continued to commit grave human rights violations in IAK. Indian forces killed at least two people and involuntarily disappeared another. Indian forces continued to collectively punish Kashmiris, including through raiding the homes of dissidents and harassing their families, expropriating and demolishing homes and property, restricting people’s right to movement and imposing communications and internet shutdowns. Additionally, the Jammu & Kashmir administration continued to systematically expropriate Kashmiris’ homes, commercial property, fields, orchards and other real property-related without due process or compensation. The administration continued to develop its extensive data collection and surveillance apparatus in IAK.

The already dire humanitarian and human rights situation in IAK has substantially deteriorated since August 4, 2019 when Indian authorities imposed new, violative laws and policies on IAK – illegalities predicated on earlier illegalities condemned by the UN Security Council. At that time, the Indian government further intensified its militarized repression in IAK, escalated collective punishment and mass illegal imprisonment of dissenters, and consolidated its dominance over the local population while totally cutting Kashmiris off from the international community. Indian authorities have subsequently implemented policies facilitating and incentivizing forced demographic change in the region in favor of non-local Hindus, cultural erasure, and the economic and social disempowerment of IAK’s Muslims, Kashmiri Muslims in particular, in their homeland. Other grave human rights violations remain ongoing. Indian authorities have increasingly targeted Kashmiri human rights defenders and other dissenters – including journalists, scholars, lawyers and political activists – for repression through legal restrictions on their work, raids of their homes and places of employment, arbitrary arrests and detentions under counter-terror laws, and physical abuse.

Between September 29, 2022 and October 31, 2022, Indian authorities continued to commit grave human rights violations in Indian-administered Kashmir (IAK). At least one civilian was killed by Indian forces, and at least two Kashmiris died in police custody. Indian authorities continued their systematic suppression of the freedom of expression and violations of the social, economic, cultural, and political rights of Kashmiris. A journalist and a scholar were charged under counter-terror laws for an opinion piece published in 2011 while another journalist was barred from international travel without explanation. Another private school was forcibly closed. Kashmir’s 2022 apple crop was prevented from being transported to Indian markets, resulting in significant losses in a critical industry in IAK. Authorities escalated their violations of cultural and Muslim religious rights, including through newly-announced plans to interfere with sacred and cultural spaces. In a case emblematic of the repression against Kashmiri journalists, Aasif Sultan, arbitrarily detained on August 27, 2018, remains illegally imprisoned. In a case emblematic of the repression against Kashmiri human rights defenders and civil society, Khurram Parvez, arbitrarily detained on November 22, 2021, remains illegally imprisoned in a maximum-security facility in New Delhi. Due to ongoing repression by Indian authorities, key developments in the human rights situation in IAK have likely gone unreported.

This brief provides critical updates regarding the human rights situation in Indian-administered Kashmir (IAK) in order to facilitate States’ review of India during the fourth cycle of its Universal Periodic Review in a manner consistent with the purpose of the UPR – to improve the human rights situation in the subject state and globally.  The human rights situation in IAK has not improved since the third cycle of India’s UPR.  It has deteriorated in many respects.  India’s longstanding failure to improve the human rights situation in IAK has resulted in widespread, grave human rights violations and atrocity crimes in IAK, contributed to the deteriorating human rights situation in India and exacerbated grave risks to international peace and security.

This brief consists of four parts.  The first part enumerates key recommendations from the previous cycle of India’s UPR that have not been implemented in IAK.  The second part explains why it is critical for States to candidly address the human rights situation in IAK during the fourth cycle of India’s UPR.  The third part summarizes certain human rights violations in IAK that have escalated since the third cycle of India’s UPR.  The fourth part offers recommendations for States seeking to utilize the fourth cycle of India’s UPR to improve the human rights situation in IAK.

In November and December 2022, Indian authorities continued to commit grave human rights violations in Indian-administered Kashmir (IAK). Indian forces killed at least one person in November and nine people in December. Indian forces also claimed to have killed two people who crossed the Line of Control from Pakistan-administered Kashmir (PAK) and apprehended one such person in November. In December, two civilians who worked on an Indian military base were shot and a third was critically wounded as they entered the base.

Indian authorities continued their systematic suppression of the freedom of expression and violations of the social, economic, cultural, and political rights of Kashmiris. The homes of numerous journalists and one lawyer were raided by Indian authorities. One person was sentenced to prison based on social media posts. Authorities expropriated private property worth crores of Indian rupees (or millions of US dollars) for purported terror connections. The Jammu & Kashmir administration announced new land grant rules which authorize the dispossession of local businesses from land subject to long-term leases in contravention of custom and the intent of such leases, facilitating the redistribution of valuable real property rights to non-locals. The administration also unveiled plans to create a database of Kashmiri families in the territory, heightening credible concerns regarding surveillance, silencing, reprisals, and transnational repression. The state-run Jammu and Kashmir Waqf Board contravened long-standing custom by dispossessing local, community-based shrine and mosque committees, bringing Muslim cultural and religious institutions under direct state control. Outside of IAK, Kashmiri students in Uttar Pradesh suffered discrimination and harassment on campus.