Protection of Civil Liberties - Government’s Priority in Kashmir

Blacking-Out communication channels is a form of collective

punishment that cripples daily lives and economic activities. “The
number you have called has been temporarily disconnected,” is the
message I hear every time I dial my friend’s phone in Srinagar. My
friend remains unreachable even now.

On August 5, the government announced the revocation of the special

autonomous status of Jammu and Kashmir under Article 370 of the
Constitution, and split the state into two Union Territories. Since then,
the government has imposed extensive restrictions on fundamental
freedoms in the state. The government deployed 40,000 additional
troops to the region and set up expanded checkpoints that have been
used to limit movement. In addition to phones, the internet has been
shut down, cutting Kashmiris off from the rest of India and the world.

The government should ensure that rights are protected after lifting
some restrictions in Jammu and Kashmir State. The government
announced that it had partially restored landline connections,
reopened schools, and withdrawn the ban on large gatherings. The
government imposed the restrictions after it revoked the state’s special
autonomous status on August 5, 2019, and split it into two federally
governed territories. The government said that these measures are
necessary for security and to maintain law and order. Anti-India
protests in the past have often been violent, with young Kashmiris
throwing stones at security personnel. All too often, security forces
have responded with excessive and unnecessary force, injuring and
killing people, including bystanders, which have fuelled further
protests.
International law permits government restrictions on certain rights for
national security and public order. But they must be necessary and
proportionate to the legitimate aims pursued. The government is
gradually lifting some restrictions, but internet and mobile phones
remain shut down. It has become a significant tool of censorship under
the guise of security in many countries, as the United Nations has
noted. Shutting down communications also fuels allegations of
misinformation, leaving no capacity for independent verification of
alleged human rights abuses. The authorities have sought to deny
protests, generating public distrust. Protesters have taken to holding
placards with the day’s date to prevent denials.

The authorities have detained hundreds of people, including many

political leaders and activists. There are unconfirmed reports that
thousands may have been held under the Public Safety Act, a
controversial law that allows detention for up to two years without
charge or trial. The government has acknowledged a “few preventive
detentions” but should periodically release lists of those detained,
inform families of their whereabouts and ensure that detainees have
proper access to their families and legal counsel.

Successive governments have ignored the call of the government’s own

expert committees to repeal the Armed Forces (Special Powers) Act,
which provides effective immunity to abusive security personnel. Even
the army has admitted that the extraordinary powers to use lethal
force have led to “mistakes”, which inflame public passions and fuel the
cycle of violence. Already, there are reports of protests in Srinagar.
Considering that it had anticipated public hostility and thus imposed
restrictions, the government should make serious efforts to
communicate with those protesting. Authorities should ensure that
security forces act with restraint. And protest organisers should also
take steps to deter their supporters from committing violence against
members of the public and law enforcement officers.

International observers who have long admired India’s democracy have

expressed shock over the government’s actions in Kashmir, where
people are unable to move freely, properly access emergency services
or medical care, and communicate or express themselves.

We may agree or disagree with the government’s decision on the status

of Jammu and Kashmir, but they should speak in one voice when it
comes to upholding civil liberties.