Human rights abuses in Jammu and Kashmir

Human rights abuses in Jammu and Kashmir range from mass killings, enforced disappearances, torture, rape and sexual abuse to political repression and suppression of freedom of speech. The Indian Army, Central Reserve Police Force (CRPF), and Border Security Personnel (BSF) have been accused of committing severe human rights abuses against Kashmiri civilians.^[1][2][3][4] According to Seema Kazi, militant groups have also been held responsible for similar crimes, but the vast majority of abuses have been perpetrated by the armed forces of the Indian government.^[5]

A 2006 report by Human Rights Watch claimed that at least 20,000 civilians had died from 1990 to 2017.^[6] The Indian government claims 14,000 civilians have died because of the insurgency against Indian rule as of March 2017^[update], with most of these deaths having taken place in the 1990s and early 2000s.^[7] Pakistani officials say India has killed more than 100,000 Kashmiri civilians, of which 7,200 died from custodial torture.^[8][9] Moreover, they also claim 162,000 Kashmiris have been tortured.^[8][9]

India and Pakistan accuse each other of violating the ceasefire and targeting civilians at the Line of Control, the de facto border between Indian-administered Kashmir and Pakistan-administered Kashmir. India also accuses alleged state-sponsored militants from Pakistan of committing human rights violations against Kashmiri civilians.^{[10][11][12][13][14] [15]} Leaked diplomatic cables revealed that the Red Cross had briefed US officials in Delhi in 2005 about the use of torture from 2002 to 2004 by security forces against hundreds of detainees suspected of being connected to or having information about militants.^[16][17]

In a 1993 report, Human Rights Watch stated that Indian security forces "assaulted civilians during search operations, tortured and summarily executed detainees in custody and murdered civilians in reprisal attacks"; according to the report, militants had also targeted civilians, but to a lesser extent than security forces. Rape was regularly used as a means to "punish and humiliate" communities.^[18] Scholar Seema Kazi says it is used as a weapon of war by the state against the population.^{[19][better source needed]} A 2010 US state department report stated that the Indian army in Jammu and Kashmir had carried out extrajudicial killings of civilians and suspected insurgents. The report also described killings and abuse being carried out by insurgents and separatists.^[20] In 2010, statistics presented to the Indian government's Cabinet Committee on Security showed that for the first time since the 1980s, the number of civilian deaths attributed to the Indian forces was higher than those attributed to insurgents' actions.^[21] The Indian Army claims that 97% of the reports about the human rights abuse have been found to be "fake or motivated" based on the investigation performed by the Army.^[22] However, a report by the US State Department said, "Indian authorities use Armed Forces Special Powers Act (AFSPA) to avoid holding its security forces responsible for the deaths of civilians in Jammu and Kashmir."^[23]

Militant violence in the 1990s, led by the Jammu Kashmir Liberation Front against Kashmiri Hindu Pandits has led to the exodus of several hundred thousands of them out of the Kashmir valley, who comprised an estimated ~5% of the valley's population before.^[24][25] According to Asia Watch, the militant organisations forced the Hindus residing in the Kashmir valley to flee and become refugees in Delhi and Jammu. The chief perpetrators were the Jammu & Kashmir Liberation Front and the Hizbul Mujahideen. Migration continued until a vast majority of the Kashmiri Pandits were evicted out of the valley after having suffered many acts of violence, including sexual assault on women, arson, torture and extortion of property.^[1][24] Some of the separatist leaders in Kashmir reject this, while others accept it. The Indian government is attempting to reinstate the displaced Pandits in Kashmir. According to the J & K government an amount of ₹71.95 crore was spent in providing relief and other facilities to the Kashmiri migrants living in Jammu and other parts in 2007–08, ₹70.33 crore in 2008-09 and ₹68.59 crore from 2009 up to January 2010.^[25] The remnants of Kashmiri Pandits have been living in Jammu, but most of them believe that, until the violence ceases, returning to Kashmir is not an option.^[26]

According to a 2022 report by Amnesty International, repression by Indian government has intensified in the region after the abrogation of article 370 in 2019. Amnesty recognized at least 60 instances of human rights violations. The internet was shut down for 18 months after the revocation of special status of the region. The information coming out of the region is totally controlled by the government, with regular internet shut downs and passing policies like 2020 Revised Media Policy and 2021 Film Policy, which restrict press freedom. Indian government shut down Kashmir Press Club which led to further decline in the media coverage and freedom in the region. At least six journalists, human rights activists, and academics were denied travelling abroad despite having all the required documents, restricting freedom of movement without a court warrant or a written explanation.^[27][28]