Five years after losing special status, Kashmir’s rights and freedoms are in danger, new report shows

Jammu and Kashmir Human Rights Report 2024 says region’s future hangs in the balance as calls for free elections and autonomy are ignored.

Protesters calling for the repeal of Kashmir‘s special status in August 2019. As Jammu and Kashmir approaches the five-year mark since the momentous constitutional changes of 2019, a new report adds to the ongoing debate about the region’s future and the balance between security concerns and democratic rights. | Photo Credit: Yawar Nazir

Five years after the revocation of Jammu and Kashmir’s special status, a new report by an independent forum of eminent citizens highlights persistent human rights concerns and democratic deficits in the region. The Forum for Human Rights in Jammu and Kashmir, comprising former judges, bureaucrats, and military officers, released its annual report on August 4, painting a grim picture of the situation on the ground.

The report criticises the delay in holding the Legislative Assembly election, which the Supreme Court mandated to be conducted by September 2024. “Delay in the announcement of election dates has given rise to speculation that the Legislative Assembly might be postponed beyond the Supreme Court’s deadline,” the report states, warning that such a move could “increase alienation and might play into the hands of spoilers”.

This is the fourth annual report issued by the Forum, which has also issued two mid-term and/or thematic reports.  “When we came to do the first and subsequent reports, there was a complete blackout on information for the people of Jammu and Kashmir—a falling out of Article 370. Kashmiri civil society groups were being raided and stopped from publishing any information, so we [the Forum] thought this vacuum should not be allowed to persist,” Radha Kumar, one of the co-chairs of the Forum and a former member, Group of Interlocutors for Jammu and Kashmir, told Frontline.

A major point of contention highlighted is the recent administrative rules issued on July 12, 2024. These rules grant extensive powers to the lieutenant governor over key areas such as police, bureaucracy, and prosecutorial services. The forum expresses concern that this could lead to a “potential standoff between the elected administration on one side, and a nominated authority, civil and police services on the other”.

On the security front, the report notes that targeted attacks on minorities and migrant workers continue. It cites official figures showing 20 civilian deaths due to militant attacks between August 2023 and July 2024, comparable to the previous year. The spread of militancy to new areas in Jammu province, including Poonch, Rajouri, Doda, and Kathua, is flagged as a worrying development.

The use of preventive detention laws remains a significant concern. According to the report, over 2,700 people were booked under the Unlawful Activities (Prevention) Act (UAPA) and Public Safety Act (PSA) between 2020 and December 2023. The forum calls for strict implementation of recent court rulings aimed at preventing misuse of these laws.

Media freedom continues to be under pressure, with several journalists remaining in detention. The report cites the case of Fahad Shah, editor of the now-banned The Kashmir Walla, who was released on bail in November 2023 after over 600 days in prison.

Economically, the region appears to be struggling. The report states that Jammu and Kashmir’s economy is yet to recover to its pre-2019 levels. Between April 2019 and March 2024, the net State domestic product growth rate averaged 8.73 per cent, lower than the 13.28 per cent average between April 2015 and March 2019. Unemployment stands at a concerning 10.7 per cent, significantly higher than the national average of 6.6 per cent.

The Forum expresses dismay over the lack of progress on key human development indicators. It criticises the methodology of recent government reports showing improvements, stating that “critical targets have not been included” in assessments.

The report calls for urgent action on multiple fronts: holding free and fair elections, rolling back rules that limit the powers of elected officials, releasing political detainees, and restoring oversight bodies like the human rights commission.

“Without addressing these issues, alienation and instability in the region may increase,” the report concludes, urging both the central government and local administration to take immediate steps to address the concerns raised.

The Centre has consistently maintained that the 2019 changes were necessary for the region’s development and integration with the rest of the country. Officials argue that the security situation has improved overall and point to increased investment in infrastructure and social welfare programs.

As Jammu and Kashmir approaches the five-year mark since the momentous constitutional changes of 2019, this report adds to the ongoing debate about the region’s future and the balance between security concerns and democratic rights.

“We did not expect to have an impact on the current administration [when writing the report]. We wanted this to be an act of solidarity, for the Kashmiris that the report reached, we wanted them to know that there are Indians fighting for their rights as well,” Radha Kumar said.