human rights violations in kashmir essay

• Why Women, Peace and Security?
• WPS Implementation
• Resource Centre
• 20 Years of WPS
• National Action Plans

KASHMIR: Human Rights Violations in Kashmir

Although the human rights violations in the Indian-held Kashmir has been continuing by the Indian security forces since the partition, yet the same practice has intensified in wake of the current phase of Kashmir struggle which began on August 12, 2008 when Indian forces killed Hurriyat Conference leader Sheikh Abdul Aziz along with five other persons who were protesting against the government decision to allot 800 kanal of Kashmiri land to a Hindu shrine.

However, seeing no progress for the resolution of Kashmir issue, in 2008, Kashmiri once again renewed their peaceful protests. In a dangerous pattern more than 300 persons mostly teenagers, were killed since January this year in disproportionate use of force mainly by the Indian police and paramilitary troops. Indiscriminate firing by the Indian security forces have become a routine matter, while quelling the peaceful protests.

According to a recent report on Human Rights violations in Indian Occupied Kashmir by Indian Army and its paramilitary forces, there have been deaths of 93,274 innocent Kashmiri from 1989 to June 30, 2010. Besides this alarming figure of open killings by its security forces, there have been 6,969 custodial killings, 117,345 arrests, destruction, and razing of 105,861 houses and other physical structures in the use of the community as a whole. The brutal security forces have orphaned over 107, 351 children, widowed 22,728 women and gang raped 9,920 women. In June 2010 only, there have been 33 deaths including four children besides, torturing and injuring 572 people. The brutal Indian security forces molested eight women during the month of July. This brief account indeed, is the reality of Indian achievements on which they are trumpeting for their success in the Kashmir through counter insurgency operations.

Over the two decades of violence in Jammu and Kashmir, Human Rights Watch has documented numerous failures to ensure protection of human rights. It has called for the repeal of laws such as the Jammu and Kashmir Disturbed Areas Act, the Armed Forces (Jammu and Kashmir) Special Powers Act, and the Public Safety Act. These laws provide the armed forces with extraordinary powers to search, detain, and use lethal force, leading to numerous human rights violations. They also provide immunity for security forces. Prosecutions of security force personnel, even where the facts are well established, are rare.

While in its various reports, Amnesty International has also pointed out grave human rights violations in the Indian occupied Kashmir by indicating: “The Indian government's disregard for human rights in Jammu and Kashmir means in practice that people reportedly died in custody in Jammu and Kashmir and that the whereabouts of the “disappeared” persons continue to be unknown…government forces continue to commit serious violations of humanitarian law…the Muslim majority population in the Kashmir Valley suffers from the repressive tactics of the security forces. Under the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act, security forces personnel have extraordinary powers including authority to shoot suspected lawbreakers, and to destroy structures suspected of harboring militants or arms.”

Kashmir Quarterly has reported, “Indian Forces killed a number of citizens, torched mosques, shops and houses in various parts of the valley. As a result, there were demonstrations in many cities. Troops desecrated the central Srinagar mosque and tortured worshippers whom they found inside.”

It is notable that there has been a routine failure of justice in Jammu and Kashmir. In the recent past, hundreds of unidentified graves with more than 3000 bodies were discovered in the Indian-held Kashmir. Sources have accused Indian RAW of the custodial killings of the Kashmiri people through brutal methods. In this context, even the European Parliament has passed a resolution, condemning New Delhi for human rights violations.

It seems that non-condemnation of these Indian acts of massive human rights violations by the so-called civilized international community has further encouraged India to step-up its brutalities on the armless Kashmiri masses. Indian authorities are not willing to talk with Kashmiri people on political grounds. India perhaps reached to a conclusion that only bullet is the right way of dealing with Kashmiris, demanding their right of self-determination. Surprisingly, Indian successive governments are trying to ignore the dynamics of the Kashmiris' movement for the freedom from the Indian rule. This indeed is the continuation of their resistance against the Dogra Rule, started in early part of the 20th century.

Nevertheless, human rights abuses have been a part of a campaign by the Indian army against Muslim Kashmiris. The abuse is manifested in the following types of violations: burning the houses, torture, disappearances, rape, molestation of Muslim women and killing of persons through fake encounter.

On the one hand, India claims that Kashmir uprising has slowed down and the situation is returning towards normalisation, while on the other, Kashmir movement has intensified in the recent weeks.

In this connection, on July 10 this year, a rigid curfew was imposed in most of Indian-held Kashmir (IHK), while shops and businesses were closed and public transport was off the roads after the All Parties Hurriyat Conference declared a strike. During strike, none of the nearly 60 newspapers published from Srinagar for four days.

The clampdown in IHK has come after street protests and clashes, surged in the controlled territories, and more than 30 people have died over the past six weeks in shootings by the police and paramilitary soldiers. Despite curfew-like restrictions, arrests and detentions, Kashmir movement continues unabated.

It is mentionable that owing to the new strategic alliances, India has become a partner of the major powers like the US, Russia, UK, Germany and France. These major countries have their political and economic stakes in India. That is why, they are silence over Indian human rights violations in the controlled Kashmir.

Besides, there is a big question mark on the role of the United Nations Organization (UNO) in connection with the Indian held Kashmir the only International Organization, mandated to redress the oppressed people of the world. The organization has badly failed to implement its responsibilities and its own resolutions towards a rightful solution of the issue.

There is a need of awakening the international conscious. Closing of the eyes and ears by the international community on the massive human rights violations in Kashmir by Indian security forces would not end the issue. Rather the seething protest against Indian human rights violation would endanger the world peace.

There can be no lasting political settlement in Kashmir unless human rights abuses that have fueled the insurgency are addressed. However, there has been no policy change in the repressive activities of Indian security forces. Indian security forces continued human rights violations in Kashmir unabated.

• The Problem
• Solutions: Innovative WPS Agenda
• What Can You Do?
• Proof: Impact & Cases
• Critical Issues
• WPS in the UN Security Council
• WPS Across the United Nations
• Civil Society
• Our Monitoring and Analysis
• Resolution Texts and Translations
• Women, Peace and Security Financing
• Mission & Strategy
• News and Events
• Privacy Policy

PeaceWomen.org is a project of the Women's International League of Peace and Freedom, United Nations Office.

Fair Use Notice: This page contains copyrighted material the use of which has not been specifically authorized by the copyright owner.  PeaceWomen.org distributes this material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107.

Kashmir: Public Health and Human Rights Crises

Nida S. Zubairi and Omar J. Baqal

COVID-19 continues to take a heavy toll in Kashmir, with over 317,000 cases and 4,343 deaths reported by early July 2021 in a region of around 13 million people. But Kashmiris are concerned not just about COVID-19 and the Indian government’s human rights failings regarding the pandemic in the region; since early June 2021 a large number of paramilitary personnel have been deployed there. This is the first large-scale movement of troops into the region since August 2019, when Kashmir’s special constitutional position, protected by Article 370 (1947), was suddenly revoked, local leaders were detained, and many civilians were arrested. Kashmiris are speculating the recent troop movement is a prelude to a possible administrative restructuring and reorganization of the union territory.

Article 370 granted semiautonomous rights and acknowledged the special status of Jammu and Kashmir (J&K) in India. Its sudden abrogation by the Indian government in August 2019 led to a major social upheaval. Over 900,000 Indian army personnel were deployed to the region which is recognized as the world’s most militarized zone. [1] A lockdown was implemented, strict curfew was imposed, all forms of communication and internet links were suspended, and roads were blocked. Thousands of Kashmiris were arrested and while some have been released, many remain imprisoned. [2] Although communication restrictions are common in Kashmir and have been imposed time and again over the years, there was a complete blackout and neither 2G nor 4G services were available for six months from August 2019.

The safety and freedom of the Kashmiri population faced a major threat from the strong military presence, with the worst repercussions of conflict and violence affecting physical and mental health. Travel restrictions and prolonged curfews impeded people’s access to health care which was particularly difficult for elderly people and women. Curfew passes were often declined and delays at checkpoints prevented people from receiving timely medical attention. Lack of internet and other communication services meant tele-medicine, emergency helplines, and the electronic-based government-funded insurance scheme were all unavailable to patients and health workers. [3]

Lack of 4G affected education, trade, and health care significantly. A petition filed by the Private Schools Association of J&K which demanded the restoration of 4G internet services to resume online classes during the COVID-19 lockdown was rejected by the Supreme Court of India. This denied people their right to access information and express opinions, as well as their right to education. [4]

Health care workers in the region were unable to access latest updates and guidelines pertaining to the prevention and management of COVID-19. The ban on high-speed internet impacted work from home for many, which denied them their right to employment. Information regarding the COVID-19 pandemic was conveyed via print newspapers, posters, radio announcements, and very limited messaging capabilities, with fake news and misinformation spreading. While Kashmiris based their actions primarily on the restricted available information, lack of awareness and the need to overcome financial strains hindered effective COVID-19 prevention measures. [5] Kashmiri doctors and other government workers were threatened with strict punishment if they chose to publicly criticize the administration’s handling of the pandemic. [6] Efforts by various non-governmental organizations to mobilize essential services (staff, oxygen, medications, etc.) initially provided some relief to the public but eventually the Indian government banned them from operating. [7]

After an 18-month ban, 4G services were finally resumed in February 2021. [8]

Health care infrastructure has always been inadequate in Kashmir in terms of availability of health centers, equipment, and manpower. [9] Contrary to the World Health Organization’s (WHO) recommended minimum 1:1000 doctor patient ratio, there is one doctor for every 3,866 people according to a 2018 audit of health care facilities in J&K. [10] The health care system cannot become accessible to all, and of good quality, without much greater funding.

The roots of the long-drawn conflict over Kashmir trace back to 1947, following India’s annexation of Kashmir. There have been wars over the valley between India and Pakistan, each country currently claiming control over different parts of the territory with a ceasefire line agreed. Cycles of protests, disputes, and violence are common and people face a constant fear of dispossession. Kashmir is the only region in India where shotgun pellets are used as a crowd control method. In 2016 more than 6000 people were maimed by these pellets and such injuries can result in death, amputations, and permanent disabilities including psychological and economic impacts. [11] Police brutality and human rights violations have left a lasting impact on the lives of many Kashmiris. A survey conducted by Médecins Sans Frontières/Doctors Without Borders reported that almost one in five Kashmiris show symptoms of post-traumatic stress disorder and nearly 45% of the Kashmiri population are under “significant mental distress”. [12] Nearly 1.8 million Kashmiris suffer from some form of mental disorder, but most people are unable to access appropriate mental health services. [13]

Kashmiri youth are resorting to drug use to cope with uncertainty, trauma, and anxiety arising from daily conflicts and surges in the use of heroin and cocaine have been observed. [14] Poly-substance use with mental distress poses a great challenge for health care providers and an immediate need for preventive, curative, and rehabilitative strategies is required.

These current public health issues in Kashmir are deeply rooted and reflect the socio-political problems the valley has long endured. The Indian government violates many human rights through its repressive administration over Kashmir and these have been criticised by local and international bodies. The United Nations High Commissioner for Human Rights highlighted extensive violations of human rights and torture imposed on civilians by armed forces. [15] Recommendations made to the governments of India and Pakistan have not been implemented.

There is an urgent need for a comprehensive response that addresses the political, social, economic, and public health challenges Kashmir faces. The Indian government has human rights obligations to protect the safety and health of Kashmiris, ensuring that they are not put through the same nightmare they endured due to the communications blackout of 2019 and throughout the first year of the COVID-19 pandemic.

Nida S. Zubairi, is a medical student at Alfaisal University, Class of 2021 in Riyadh, KSA. 

Omar J. Baqal, MBBS, is a resident physician in the Department of Internal Medicine, Mayo Clinic, Phoenix, USA. Email: [email protected] .

[1] V. Sharma, “Forces deploy 1 million to guard Kashmir Valley,” The Asian Age (August 18, 2019). Available at https://www.asianage.com/india/all-india/180819/forces-deploy-1-million-to-guard-kashmir-valley.html

[2] R. Ratcliffe, “How India’s Kashmir crackdown provoked fear for region’s future,” Guardian (August 6, 2019). Available at https://www.theguardian.com/world/2019/aug/06/india-kashmir-crackdown-region-delhi-autonomy ; A. Khan and R. Ratcliffe, “ ‘Kashmiris will erupt’: fear grips region as Indian crackdown bites,” Guardian (August 9, 2019). Available at https://www.theguardian.com/world/2019/aug/09/kashmiris-will-erupt-fear-grips-region-as-indian-crackdown-bites

[3] “Kashmiri Journalist Nazir Masoodi on Reporting from Kashmir without Phones, Internet or Travel Pass,” NDTV (August 9, 2019). Available at https://www.ndtv.com/blog/reporters-blog-from-kashmir-life-between-checkposts-no-curfew-pass-2081980 ; K. Thiagarajan, “Why Doctors and Medical Journals are fighting over Health Care in Kashmir,” National Public Radio Goats and Soda (August 30, 2019). Available at   https://www.npr.org/sections/goatsandsoda/2019/08/30/755853835/why-doctors-and-medical-journals-are-fighting-over-health-care-in-kashmir ; Ramani Atkuri et al., “The Health Situation in Jammu and Kashmir: What is the obligation of health professionals?,”  Indian Journal of Medical Ethics 4/4 (2019), pp. 261-264

[4] Universal Declaration of Human Rights (UDHR), G.A. Res. 217A (III) (1948), Art. 19. Available at https://www.un.org/en/about-us/universal-declaration-of-human-rights ; Universal Declaration of Human Rights (UDHR), G.A. Res. 217A (III) (1948), Art. 26. Available at https://www.un.org/en/about-us/universal-declaration-of-human-rights ; Utkarshshara, “Right to Internet and Fundamental Rights,” (June 25, 2020). Available at http://www.legalserviceindia.com/legal/article-2967-right-to-internet-and-fundamental-rights.html

[5] A. Radhakrishnan, “COVID-19: Restricted Internet Impacts on Health in Kashmir,” Health and Human Rights Journal (2020); A. Iftikhar, “Kashmiri journalist Raihana Maqbool on reporting on COVID-19 amid ongoing restrictions,” Committee to Protect Journalists (April 6, 2020). Available at https://cpj.org/2020/04/journalist-raihana-maqbool-covid-reporting-kashmir-restrictions/

[6] P. Changoiwala, “COVID-19: Government Threatens Kashmir Doctors With ‘Strict Action’ for Media Leaks,” The Wire (April 4, 2020). Available at https://thewire.in/rights/covid-19-government-threatens-kashmir-doctors-with-strict-action-for-media-leaks

[7] U. Misgar, “Kashmir: Surviving COVID-19 under the military boot,” Al Jazeera (June 8, 2021). Available at https://www.aljazeera.com/opinions/2021/6/8/kashmir-surviving-covid-19-under-the-military-boot

[8] A. Jamwal, “4G Is Back in J&K After 18 Months, But it Can’t Compensate for What We Lost,” The Wire (February 7, 2021). Available at https://thewire.in/rights/jammu-and-kashmir-4g-internet-costs

[9] A. K. Zulufkar and A. Mohd, “A study of health structure and health expenditure patterns in Anantnag District of Jammu and Kashmir,” International Journal of Social and Behavioural Sciences 1/2 (2013), pp. 65-76

[10] J&K Department of Health and Medical Education,  Manpower Audit Report  (March 22, 2018), pp. 28–29. Available at:  http://jkhealth.org/new2017/pdf/Manpower%20Audit%20Report_22-03-2018_Updated.pdf

[11] D. Siddarth, “Use of pellet guns for crowd control in Kashmir: How lethal is “non-lethal”?,” Indian Journal of Medical Ethics  2/2 (2017), pp. 124-127.

[12] Médecins Sans Frontières (MSF), Muntazar: Kashmir Mental Health Survey Report (2015), pp. 27-31. Available at: https://www.msfindia.in/sites/default/files/2016-10/kashmir_mental_health_survey_report_2015_for_web.pdf

[14] Rather, Yasir Hassan, et al., “Socio-demographic and Clinical Profile of Substance Abusers Attending a Regional Drug De-addiction Centre in Chronic Conflict Area: Kashmir, India,” The Malaysian Journal of Medical Sciences 20/3 (2013), pp. 31-38.

[15] Office of the United Nations High Commissioner for Human Rights, “ Update of the Situation of Human Rights in Indian-Administered Kashmir and Pakistan-Administered Kashmir from May 2018 to April 2019, ” (July 8, 2019), Available at:  https://www.ohchr.org/_layouts/15/WopiFrame.aspx?sourcedoc=/Documents/Countries/IN/KashmirUpdateReport_8July2019.pdf&action=default&DefaultItemOpen=1

The Palgrave Handbook of New Directions in Kashmir Studies pp 173–191 Cite as

Critical Interventions: Human Rights and International Justice in Kashmir

• Haley Duschinski 4 ,
• Mona Bhan 5 &
• Goldie Osuri 6  
• First Online: 02 June 2023

161 Accesses

This article argues for the relevance of human rights mechanisms for international interventions in Kashmir. Building on long-standing local and global research and advocacy for justice and accountability, we argue that human rights interventions that take account of Kashmiri aspirations constitute a necessary component of the broader political project of Kashmiri self-determination.

This is a preview of subscription content, log in via an institution .

Buying options

• Available as PDF
• Read on any device
• Instant download
• Own it forever
• Available as EPUB and PDF
• Durable hardcover edition
• Dispatched in 3 to 5 business days
• Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Works Cited

Al Hussain, Zeid Ra’ad. 2018. “Listen to the Voiceless.” Indian Express , June 27. https://indianexpress.com/article/opinion/columns/jammu-kashmir-nhrc-human-rights-violations-un-report-5234644/ .

Al Hussain, Zeid Ra’ad. 2019. “I Will Not Stay Silent. Our Leaders Are Failing Human Rights.” New York Times , May 6. https://www.nytimes.com/2019/05/06/opinion/united-nations-human-rights.html .

Allen, Lori. 2013. The Rise and Fall of Human Rights: Cynicism and Politics in Occupied Palestine . Redwood City, CA: Stanford University Press.

Google Scholar  

Allen, Lori. 2019. “Allen on Çubukçu, For The Love Of Humanity .” Humanity blog, March 11. http://humanityjournal.org/blog/allen-on-cubukcu-for-the-love-of-humanity/ .

Amnesty International. 1995. India: Torture and Deaths in Custody in Jammu and Kashmir, January.

Amnesty International. 1999. ‘If They Are Dead, Tell Us’: Disappearances in Jammu and Kashmir, February.

Amnesty International. 2011. A ‘Lawless Law’: Detentions Under the Jammu and Kashmir Public Safety Act.

Anghie, Antony. 2005. Imperialism, Sovereignty and the Making of International Law . Cambridge, UK: Cambridge University Press.

Book   Google Scholar  

Asad, Talal. 2003. Formations of the Secular: Christianity, Islam, Modernity . Redwood City: Stanford University Press.

Asad, Talal. 2015. “Thinking About Tradition, Religion, and Politics in Egypt Today.” Critical Inquiry 42 (1): 166–214.

Asad, Talal. 2000. “What Do Human Rights Do? An Anthropological Enquiry.” Theory and Event 4 (4): 1–28.

Baxi, Upendra. 2012. The Future of Human Rights , 3rd ed. Oxford: Oxford University Press.

Bhambra, Gurminder K., and Robbie Shilliam, eds. 2009. Silencing Human Rights: Critical Engagements with a Contested Project . New York: Palgrave Macmillan.

Bhan, Mona. 2018. “Jinn, Floods and Resistance Ecological Imaginaries.” Economic & Political Weekly 53 (47).

Bhan, Mona, Haley Duschinski, and Deepti Misri, eds. 2023. The Routledge Handbook of Critical Kashmir Studies . New York and London: Routledge.

Bhasin, Anuradha. 2018. “India’s Over-Reaction to United Nations Report on Kashmir.” National Herald , July 1. https://www.nationalheraldindia.com/opinion/indias-over-reaction-to-united-nations-report-on-kashmir .

Brown, Wendy. 2004. “‘The Most We Can Hope for…’: Human Rights and the Politics of Fatalism.” The South Atlantic Quarterly 103 (2–3): 451–63.

Communication Reference AL IND 8/2019.

Communication Response NV. GEN/PMI/353/05/2019.

Çubukçu, Ayça. 2018. For the Love of Humanity: The World Tribunal on Iraq . Philadelphia: University of Pennsylvania Press.

Donnelly, Jack. 2003. Universal Human Rights in Theory and Practice . Ithaca: Cornell University Press.

Douzinas, Costas. 2000. The End of Human Rights . Oxford: Hart Publishing.

Duschinski, Haley, Mona Bhan, Ather Zia, and Cynthia Mahmood, eds. 2018. Resisting Occupation in Kashmir . Philadelphia: University of Pennsylvania Press.

Duschinski, Haley, and Bruce Hoffman. 2011. “On the Frontlines of the Law: Legal Advocacy and Political Protest by Lawyers in Contested Kashmir.” Anthropology Today 27 (5): 8–12.

Duschinski, Haley, and Shrimoyee Nandini Ghosh. 2017. “Constituting the Occupation: Preventive Detention and Permanent Emergency in Kashmir.” Journal of Unofficial Law and Legal Pluralism 49 (3): 314–37.

Esmeir, Samera. 2006. “On Making Dehumanization Possible.” PMLA/Publications of the Modern Language Association of America 121 (5): 1544–1.

Fletcher, Tom. 2018. “The UN's Human Rights Chief Has Had Enough.” Prospect Magazine , July 23. https://www.prospectmagazine.co.uk/magazine/zeid-raad-al-hussein-has-had-enough ;

Ghosh, Shrimoyee Nandini. 2020. “Crisis Constitutionalism, Permanent Emergency and the Amnesias of International Law in Jammu and Kashmir.” Third World Approaches to International Law Review , May 28.

Human Rights Watch. 2006. “Everyone Lives in Fear”: Patterns of Impunity in Jammu and Kashmir. September.

Human Rights Watch and Physicians for Human Rights. 1993. The Human Rights Crisis in Kashmir: A Pattern of Impunity.

Hussain, Shahla. 2017. “Kashmiri Visions of Freedom: The Past and the Present.” In Kashmir: History, Politics, Representation , edited by Chitralekha Zutshi, 89–110. Cambridge: Cambridge University Press.

Ignatieff, Michael. 2001. Human Rights as Politics and Idolatry . Princeton, NJ: Princeton University Press.

Imroz, Parvez. 2017. ‘“Kashmir’s Tragedy Is That Our Collective Memory Isn’t Institutionalised,”’ interview by Natasha Rather, Kashmir Ink , October 12. http://www.kashmirink.in/news/reportage/-kashmir-s-tragedy-is-that-our-collective-memory-isn-t-institutionalised/453.html .

International People’s Tribunal for Human Rights and Justice in Indian-Administered Kashmir and APDP. 2012. Alleged Perpetrators: Stories of Impunity in Jammu and Kashmir . Srinagar, Kashmir: Jammu Kashmir Coalition of Civil Society.

International People’s Tribunal for Human Rights and Justice in Indian-Administered Kashmir and APDP. 2015. Structures of Violence: The Indian State in Jammu and Kashmir . Srinagar, Kashmir: Jammu Kashmir Coalition of Civil Society.

JKCCS. 2015. Occupational Hazard: The Jammu and Kashmir Floods of September 2014 . https://jkccs.files.wordpress.com/2017/05/occupation-hazard-jkccs.pdf .

JKCCS. 2019. Torture: Indian State’s Instrument of Control in Indian Administered Jammu and Kashmir . Srinagar, Kashmir: Jammu Kashmir Coalition of Civil Society.

Junaid, Mohamad. 2013. “Death and Life Under Military Occupation: Space, Violence, and Memory in Kashmir.” In Everyday Occupations: Experiencing Militarism in South Asia and the Middle East , edited by Kamala Visweswaran, 158–90. Philadelphia: University of Pennsylvania Press.

Kanjwal, Hafsa. 2019. “State Violence and Youth Resistance: Perspectives from Indian-Held Kashmir.” In Political Violence in South Asia , edited by Ali Riaz, Zobaida Nasreen, and Fahmida Zaman. London: Routledge.

Kapur, Ratna. 2006. “Human Rights in the 21st Century: Taking a Walk on the Dark Side.” Sydney Law Review 28: 665–87

Kaul, Nitasha, and Ather Zia. 2018. “Knowing in Our Own Ways: Women and Kashmir.” Economic & Political Weekly 53 (47): 33–35.

Letter from Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to Jack Dorsey, OL OTH 70/2018, 10 December 2018, available at https://www.ohchr.org/Documents/Issues/Opinion/Legislation/OL_OTH_70_2018.pdf .

Lone, Fozia Nazir. 2018. Historical Title, Self-Determination and the Kashmir Question: Changing Perspectives in International Law . UK: Brill.

Malik, Inshah. 2019. Muslim Women, Agency and Resistance Politics: The Case of Kashmir . New York: Palgrave Pivot.

Mathur, Shubh. 2016. The Human Toll of the Kashmir Conflict: Grief and Courage in a South Asian Borderland . London: Palgrave Macmillan.

Misri, Deepti. 2019. “Showing Humanity: Violence and Visuality in Kashmir” Culture Studies 33 (3): 527–49.

Noorani, A.G. 2011. Article 370: A Constitutional History of Jammu and Kashmir . Oxford, UK: Oxford University Press.

Official Spokesperson’s response to a question on the OHCHR report, 14 June 2018, available at https://www.mea.gov.in/media-briefings.htm?dtl/29978/Official_Spokespersons_response_to_a_question_on_the_Report_by_the_Office_of_the_High_Commissioner_for_Human_Rights_on_The_human_rights_situation_in_K .

OHCHR. 2018. Report on the Situation of Human Rights in Kashmir: Developments in the Indian State of Jammu and Kashmir from June 2016 to April 2018, and General Human Rights Concerns in Azad Jammu and Kashmir and Gilgit-Baltistan . Geneva, Switzerland: United Nations, June 14.

Osuri, Goldie. 2017. “Imperialism, Colonialism and Sovereignty in the (Post)colony: India and Kashmir.” Third World Quarterly 38 (11): 2428–3

Osuri, Goldie. 2018. “Sovereignty, Vulnerability, and a Gendered Resistance in Indian-occupied Kashmir.” Third World Thematics 3 (2): 228–43.

Piccone, Ted. 2012. Catalysts for Change: How the UN’s Independent Experts Promote Human Rights . Washington, DC: Brookings Institution Press.

Shucksmith, Christy, and Nigel White. 2015. “United Nations Military Observer Group in India and Pakistan.” In The Oxford Handbook of United Nations Peacekeeping Operations, edited by Joachim A. Koops, Thierry Tardy, Norrie MacQueen, and Paul D. Williams, 133–43. Oxford: Oxford University Press.

Stauffer, Jill. 2001. “Review of The End of Human Rights by Costas Douzinas.” Journal of Law and Society 28: 459–63.

Visweswaran, Kamala, ed. 2013. Everyday Occupations: Experiencing Militarism in South Asia and the Middle East. Philadelphia: University of Pennsylvania Press.

Zia, Ather. 2019. Resisting Disappearance: Military Occupation and Women’s Activism in Kashmir . Seattle: University of Washington Press.

Zia, Ather, and Haley Duschinski. 2018. “Kashmir Quagmire: The Legend of UNO Sahab.” Outlook , July 16.

UN Press Release. 2017. “UN Experts Urge India to Restore Internet and Social Media Services in Jammu and Kashmir.” UN News , May 11, available at https://news.un.org/en/story/2017/05/557022-un-experts-urge-india-restore-internet-and-social-media-services-jammu-and .

Download references

Author information

Authors and affiliations.

Ohio University, Athens, OH, USA

Haley Duschinski

Syracuse University, Syracuse, NY, USA

Warwick University, Coventry, UK

Goldie Osuri

You can also search for this author in PubMed   Google Scholar

Corresponding author

Correspondence to Haley Duschinski .

Editor information

Editors and affiliations.

University of Washington, Seattle, WA, USA

Cabeiri deBergh Robinson

Rights and permissions

Reprints and permissions

Copyright information

© 2023 The Author(s), under exclusive license to Springer Nature Switzerland AG

About this chapter

Cite this chapter.

Duschinski, H., Bhan, M., Osuri, G. (2023). Critical Interventions: Human Rights and International Justice in Kashmir. In: Duschinski, H., Bhan, M., Robinson, C.d. (eds) The Palgrave Handbook of New Directions in Kashmir Studies. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-28520-2_11

Download citation

DOI : https://doi.org/10.1007/978-3-031-28520-2_11

Published : 02 June 2023

Publisher Name : Palgrave Macmillan, Cham

Print ISBN : 978-3-031-28519-6

Online ISBN : 978-3-031-28520-2

eBook Packages : Political Science and International Studies Political Science and International Studies (R0)

Share this chapter

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

• Publish with us

Policies and ethics

• Find a journal
• Track your research

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

• We're Hiring!
• Help Center

Human Rights Violations in Kashmir

From Magna Carta to the bill of rights, from an authoritarian regime to democratic set up, no one has declined the value of human rights. Human rights are indispensable for democratic life and realization of their best selves by human beings. They are the product of increasing levels of enlightenment and peoples; quest for equality and dignity. This paper will present the human rights violation in Kashmir through the lens of rape, crackdowns, and tortures of detainees in Kashmir. The conflict in Kashmir, which has its origin in the states disputed accession to India in 1947, sees a great violation of human rights from both countries alongside the border and stepped up their attacks, murdering, kidnapping and soon. The paper will present the current scenario in Kashmir and the work done by human rights organization like Amnesty international and Human rights watch, and also highlight the work done by NGOs and measures taken by government of India.

Related Papers

Journal ijmr.net.in(UGC Approved)

This article is about Human rights abuses in Indian-administered portion of Kashmir. Indian-administered portion of Kashmir is suffering with every moment death of human rights. Mass killings, forced disappearances, torture, rape & sexual abuse to political repression & suppression of freedom of speech have become an integral part of their day to day life. The Indian central reserve police force, border security personnel and various militant groups have been accused & held accountable for committing severe human rights abuses against Kashmiri civilians. The Kashmiri insurgents are of the view that Indian-administered portion of Kashmir is a part of Pakistan. Hence only the Pakistanis have the right to live on that land. But the question arises how far it is appropriate to create one's existence at the cost of crushing the existence of those who are quite innocent & have no fault of their own, except that they were given birth on that land. This chaos has put innumerable questions before us demanding serious attention & immediate solution.

Andi Suwirta

A BSTRACT: Kashmir is an intractable conflict between the two South Asian countries : India and Pakistan. It had affected people of tiny nation badly. Every individual suffered here in this vale of paradise which was known as the beautiful region across the globe. But its irony that due to unrest, turmoil , and cycle of violence , people lost their kiths and kens ; and because of all that , State of Jammu and Kashmir suffered a lot. This valley has seen plenty of untold stories of massive violations of human rights committed by Indian army, police , and by some of the militant groups. Since 1989, the people of Kashmir were killed, tortured, humiliated , and injured. Thousands of the people were killed due to cycle of violence prevalent in Jammu and Kashmir. Thousands of the people got injuries and they became disabled to work. Many are those who lost their beloved children’s, daughters, sisters, mothers , and some women have lost their beloved husbands, who were only the source to c...

International Journal of Kashmir Studies

Raja Sajjad Khan

The Kashmir conflict is not only a territorial concern for India and Pakistan but along with its diplomatic, economic, legal, political and regional dynamics, it is an issue which is directly related to the intrinsic and inalienable right to life of millions of people. However, the brutal acts of the Indian government Kashmiris have been denied the right to life, property, education and significantly the right to self-determination.

Shafqat Mumtaz

International Journal of Kashmir Studies (IJKS)

javaria Nizam

Afghanistan. India's Mughal rulers, who conquered much of the territory in 1586, were so taken by the beauty of its landscape that they called it jannat—paradise. For the last six decades Kashmir has been a paradise lost, its people trapped in the vortex of a bitter sovereignty dispute between India and Pakistan over their lives and land. Genesis of sovereignty dispute over Jammu and Kashmir can be traced back to the British colonial period in Indian history. Jammu and Kashmir acceded to the Indian Union under very special circumstances in 1947, with Maharaja Hari Singh's hands being forced by the Pakistani-backed invasion of tribal raiders. To fight whom the maharaja needed the services of the Indian army. Because of this Jammu and Kashmir continued to witness serious human rights violations. Security forces were responsible for plenty of custodial killings. Hundreds of people have disappeared in Jammu and Kashmir since the internal armed conflict began in 1990. Civilians were often killed by security forces as retribution for killings of security forces. The Jammu and Kashmir Disturbed Areas Act; and Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 provide impunity to the security forces. Under Section 6 of the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990, no legal proceeding can be brought against any member of the armed forces without the permission from Central Government. This paper aims to study the main issues regarding such frequent violation of human rights, the reasons of unabated violence, human rights abuses, denial of civil and political rights, absence of mechanism of justice heightened militarization and survellience because of counter terrorism strategies in Jammu and Kashmir.

Waseem Ahmad Dar

Fareed Khan

barkat ali from swat kp

RELATED PAPERS

Journal of Applied Meteorology

STEVEN ACKERMAN

American Heart Journal

Juan Guerrero

Biochemistry

Hideto Miyoshi

The American Journal of Tropical Medicine and Hygiene

Carla Pagliari

Shioko Kimura

Agnieszka S Staszczyk

C. Imbriani

marcelo morales

Women & Health

Journal of Magnetism and Magnetic Materials

J. Fontcuberta

Journal of cancer education : the official journal of the American Association for Cancer Education

Shashikant Lele

Amar ma'ruf

Khoa Nguyen

Biomaterials

J. Lanciego

Neeraja Raghavan

Khazanah: Jurnal Studi Islam dan Humaniora

Imron Rosidi

Heidi Hohmann

Conscientia Beam

Khalid Sweis

Fermentation

Samia Qadeer

Periodicals of Engineering and Natural Sciences (PEN)

Dr. Laith khrais

Journal of Architectural/Planning Research and Studies (JARS)

Sunaree Lawanyawatna

Educational Psychology

Kevin Wheldall

Fifth IEEE International Conference on Wireless, Mobile, and Ubiquitous Technology in Education (wmute 2008)

Manfred Lohr

Emerson A. Buitrago

RELATED TOPICS

•   We're Hiring!
•   Help Center
• Find new research papers in:
• Health Sciences
• Earth Sciences
• Cognitive Science
• Mathematics
• Computer Science
• Academia ©2024

• Pakistan Today
• Profit Magazine
• Paperazzi Magazine

Even when it seems hopeless, we must never quit

Helter-skelter, privatization: a path to success or another false start, pm in saudi arabia, anthrax and toilet cleaners, lahore flourishes with seasonal blooms before eid, uog student leads team as environmental initiative takes root at fc…, manja at aitchison or in besham, russia, kazakhstan evacuate over 100,000 people amid worst flooding in decades, “money rules” in american elections, xi, lavrov discuss emerging challenges, opportunities, bollywood plays part in india election season dominated by modi, iran fm accuses us of approving strike on damascus consulate, amir, imad make a comeback as pakistan team for nz t20…, army chief hosts iftar for pakistan cricket team, pcb selection committee meets with players in islamabad ahead of nz-series…, ‘medieval non-sense at public expense’: farhatullah babar on pak army training…, gary kirsten, jason gillespie finalised as coaches by pcb, 75 years of struggle for rights in kashmir.

UDHR anniversary mean

International conventions impact inter- and intra-state relations by establishing universal principles to govern and control the interactions among states. Within this framework, freedom, independence, and the entitlement to self-determination are fundamental ethical, legal, and universally acknowledged values and norms that states endeavor to attain and uphold as inherent rights of every human being.

On this December 10, the 75th anniversary of the Universal Declaration of Human Rights(UDHR), the Indian government has regrettably refused the fundamental rights of the people residing in Indian Occupied Jammu and Kashmir for the past seven decades. The Kashmir conflict is a territorial dispute between India and Pakistan, which also serves as a prominent illustration of human rights violations perpetrated by the Indian government. This longstanding issue has intensified significantly following the revocation of Articles 370 and 35A from the Indian constitution in August 2019.

UDHR is universally acknowledged and embraced by states that have incorporated its principles into their constitutions to ensure its implementation. The declaration consists of 30 articles that guarantee inalienable rights, encompassing a wide range of fundamental rights such as survival, movement, free speech, as well as rights to liberty, security, and protection under the law. The UN released its 2018 report on Kashmir, highlighting that the state of Jammu and Kashmir has significant human rights issues, specifically about impunity for human rights abuses and limited access to justice. The implementation of specific laws, including the Jammu and Kashmir Public Safety Act (1978) and the Armed Forces (Jammu and Kashmir) Special Powers Act (1990), has established structures that hinder the administration of justice, undermine accountability, and compromise the right to redress for individuals who have been subjected to human rights violations. The UN report 2019 on Kashmir has shown similar observations.

UN Resolution 47 on Kashmir has employed the term ‘dispute’ to refer to the status of the Kashmir area. It should be noted that the Line of Control is not acknowledged as an international border. Instead, this 450-mile-long demarcation is regarded as a military boundary that separates Indian Occupied Jammu and Kashmir from Azad Kashmir. UNSCR 47 has provided Kashmir with the right of self-determination in 1948 that has been confiscated by India till date and violates UDHR Article 1, related to freedom of all people at all times and in all places.

A significant number of casualties is indicative of the utilization of force, aggression, and coercion by the Indian forces towards the local people in the Valley. Media reports indicate that the number of fatalities in Indian Occupied Jammu and Kashmir stands at over 68,000. According to a recent report by a Kashmiri activist, the number of civilian deaths has risen by 200 percent between 2018 and 2022.

Moreover, the Valley has been plagued by a long-standing history of extensively documented cases of torture, detention, and degrading treatment. Article 5 of the UDHR prohibits the infliction of cruel treatment, torture, humiliation, and violence against individuals’ lives and personal well-being. In 2010, WikiLeaks disclosed the Red Cross’s briefings regarding incidences of torture inflicted upon captives. Kashmiris arrested by the Indian army are subjected to various types of torture, such as electric shocks, suspension from the ceiling, and the use of GPS anklets if given bail.

Presently, around 900,000 Indian army soldiers have deployed in Indian Occupied Jammu and Kashmir. Nonetheless, they have been unable to garner any local support or political standing among the inhabitants of Kashmir. This illegal occupation consistently infringes upon the principles outlined in Articles 1, 2, 12, and 13 of the Universal Declaration of Human Rights, which guarantee freedom from discrimination, the right to life, freedom of movement, and privacy.

An in-depth examination of the Kashmir issue reveals a correlation between the actions of the Indian government and the violation of Universal Declaration of Human Rights (UDHR). The conspicuous silence of the United Nations and the International Community on this matter underscores a discernible inconsistency in their approach to resolving international disputes. 

On 27 October 2020, the Indian government enacted two orders that modified 14 statutes and revoked 12 provisions about the regulations of property acquisition in Indian Occupied Jammu and Kashmir. This notification permits non-residents of Indian Occupied Jammu and Kashmir to purchase property and agricultural land.

After that over 25,000 outsiders are awarded domiciles by the Indian government. The action of granting domicile certificates to non-Kashmiris is an attempt to shift the demographic status of Indian Occupied Jammu and Kashmir by bringing the settlers in, without the consent of Kashmiris, thus, violating Article 17, notably connected to property and land owning rights.

Kashmiris have been suffering to gain access to the court system, and thousands of individuals are arrested without any charge. According to Human Rights Watch, around 4000 Kashmiris have been detained. Several individuals are prohibited from reuniting with their families or communicating with their legal representatives. The Indian government is breaching Article 7, Article 10, and Article 11 of UDHR, which grants the individual a lawful entitlement to submit witnesses and evidence in their defense.

Alongside, The people of Indian Occupied Jammu and Kashmir have been deprived of freedom to practice and observe their religious customs. This not only violates the Universal Declaration of Human Rights (UDHR) but also contravenes other international instruments safeguarding human rights. The UDHR places significant importance on the rights to life and access to healthcare facilities. However, we see that mental health difficulties are on the rise in Indian Occupied Jammu and Kashmir. In 2015, Médecins Sans Frontières in a report noted that 1.8 million (45 percent) adults in Indian Occupied Jammu and Kashmir are suffering from mental distress, 26 percent from anxiety, 41 percent exhibit probable depression and 19 percent suffer from Post-Traumatic Stress Disorder (PTSD).

The arrest of seven Kashmiri students on celebrating Australia’s victory over India in the recent Cricket World Cup is another example of depriving people of the basic rights related to Articles 19 and 20 of the UDHR on freedom of expression and assembly.

Article 26 of the UDHR addresses the rights to education and literacy, which the Indian government has greatly violated for students in Kashmir. The lack of adequate educational institutions such as schools, colleges, and universities is hindering the ability of Kashmiri students to access high-quality education. The Modi government is imposing insurmountable obstacles for students seeking to pursue higher education in a country where they feel secure, by denying their NOC requests.

An in-depth examination of the Kashmir issue reveals a correlation between the actions of the Indian government and the violation of Universal Declaration of Human Rights (UDHR). The conspicuous silence of the United Nations and the International Community on this matter underscores a discernible inconsistency in their approach to resolving international disputes. This is particularly evident when contrasting their proactive stance in providing military and economic aids during crises in Ukraine and Israel with their passive response to Indian actions that adversely impact the fundamental rights of innocent Kashmiris, evoking a sense of disappointment.

RELATED ARTICLES

Causes and consequences of urbanization in pakistan, pakistan’s debt dilemma: navigating turbulent waters, leave a reply cancel reply.

Save my name, email, and website in this browser for the next time I comment.

Epaper_24-04-10 LHR

Epaper_24-04-10 khi, epaper_24-04-10 isb, kp to get air ambulance service soon.

• Privacy policy