FIDH report details India’s land rights violations in IIOJK since 05 August 2019

Since the Indian government’s revocation of Jammu and Kashmir’s special constitutional status in August 2019, the region has faced severe human rights violations, land seizures, and political repression. A new report, “Your Land is Our Land,” by the International Federation for Human Rights (FIDH), provides a detailed analysis of India’s land rights violations in the region, outlining the consequences of the abrogation of Articles 370 and 35A and the dismantling of laws that had protected Jammu and Kashmir’s identity, autonomy, and resources.

In August 2019, the Indian government unilaterally revoked Jammu and Kashmir’s special status, a move that stripped the region of its semi-autonomy and split it into two Union Territories: Jammu and Kashmir, and Ladakh. This drastic political shift was followed by the introduction of more than 400 legal amendments and the repeal of land protection laws that had safeguarded local ownership for decades. Under the earlier legal framework, only permanent residents of Jammu and Kashmir could own land, preventing outsiders from acquiring property. The revocation of these protections has led to widespread concerns about demographic changes and fears of erasing the region’s Muslim-majority identity.

The Indian government’s narrative behind this move focused on promoting development, but the reality has unfolded as a systematic seizure of land, leading to forced evictions, mass demolitions, and land confiscations. In January 2023, the Jammu and Kashmir administration launched a controversial campaign to confiscate land allegedly “illegally encroached” upon, which led to the destruction of thousands of properties and homes. These actions disproportionately targeted vulnerable communities, including the indigenous Gujjar and Bakarwal tribes, displacing many without compensation.

Military expansion in the region has also intensified, with land being seized under the designation of “strategic areas.” This expansion of military presence has not only displaced local populations but has also led to increased tensions in one of the most militarized regions in the world. Moreover, the Indian government has promoted religious tourism, including Hindu pilgrimages, that contribute little to the local economy but have worsened environmental degradation, further undermining the livelihoods of Kashmiri residents.

Adding to the region’s woes, the introduction of new domicile laws in 2020 has allowed millions of Indian citizens from outside Jammu and Kashmir to obtain residency, enabling them to purchase land, seek government jobs, and vote in local elections. This move has sparked concerns of demographic engineering, with fears that the government is attempting to reshape the population structure of the region to weaken its Muslim-majority status. These legal changes have also been accompanied by redrawing electoral boundaries in favor of pro-BJP areas, which critics argue has further marginalized Kashmiri political power and diluted the Muslim vote.

The repression of civil society and independent media has compounded the crisis. Human rights defenders, activists, and journalists have faced harassment, arbitrary arrests, and detentions. Notable figures like Khurram Parvez, a prominent Kashmiri human rights advocate, and journalist Irfan Mehraj have been detained under draconian counter-terrorism laws, with little to no access to due process. The report emphasizes the use of such laws to silence critics and suppress opposition to the government’s policies in the region.

The international community has been urged to take immediate action. The FIDH report calls for global pressure on India to halt its human rights abuses in Kashmir and to reinstate protections for the land rights of local residents. The report also highlights the need for the release of arbitrarily detained individuals and the restoration of civil liberties, including freedom of expression and the press, which have been severely curtailed since 2019.

Five years since the revocation of its special status, Jammu and Kashmir remains in a state of crisis. The erosion of land rights, coupled with the militarization of civilian spaces and the suppression of political and civil freedoms, has created an atmosphere of fear and uncertainty. As Kashmir’s land and identity are reshaped by external forces, the region’s future remains fraught with challenges. The question now is whether the world will intervene before the crisis deepens further. The people of Jammu and Kashmir, caught in this struggle for identity and survival, continue to face an uncertain and difficult road ahead.