Investor Presentaiton
Raising the Stakes in Jammu and Kashmir
Crisis Group Asia Report N°310, 5 August 2020
Page 28
domicile law could reshape the region's demography and economic opportunity; it is
unlikely to walk those back. Still, Prime Minister Modi might be open to restoring
Jammu and Kashmir's status as a state. “If things improve, Jammu and Kashmir does
not have to be a union territory always", he declared just days after 5 August. Other
top officials, including Home Minister Shah, express the same view. 157 While in itself,
such a step is unlikely to restore Kashmiris' faith in Indian democracy, it would be a
start. It would enable an empowered local legislature to voice Kashmiri concerns.
That assembly could also act as a conduit between the Indian state and the region, and
a structure for essential dialogue. In the meantime, New Delhi should refrain from
further restructuring the local administration and amending laws; such reforms fuel
speculation that the restoration of statehood will only be discussed after local power
structures have been irremediably dismantled.
2. Ending impunity and rights abuses
The indiscriminate force against civilians used by Indian troops and police as part of
their counter-insurgency operations is particularly counterproductive. Enforced dis-
appearances, extrajudicial killings, torture and other abuses fuels militancy in Kash-
mir rather than containing it. Firing upon unarmed protesters only pushes them to
pick up weapons.
Reversing the impunity enjoyed by the security forces is key. Since its introduc-
tion in Jammu and Kashmir in 1990, the Armed Forces Special Powers Act has pro-
tected military personnel responsible for grave rights abuses. Innumerable voices,
including Indian and international human rights organisations, various UN represent-
atives, and even a government-appointed committee, have over the years called for
the repeal of this legislation, but India is adamant it is essential to counter-insurgency
efforts. 158 While it is unlikely to give it up, military courts might at least ensure that
perpetrators of grave rights abuses are investigated, prosecuted and sentenced, with
penalties reflecting the gravity of the charges. If the evidence warrants it, military
personnel should be tried in civilian courts and judicial proceedings made public.
Other laws are also problematic. The government should reform the Public Safety
Act, so that it meets international human rights standards, and stop misusing it to
quell dissent. Charging Kashmiris, including political leaders and minors, under a
law that bypasses traditional judicial rights only reinforces Kashmiri perceptions of
injustice. The government's recent recourse to the Unlawful Activities Prevention Act
for arresting journalists adds to this sentiment; the government should restrain its
use to clear anti-terrorism cases.
157 "Amit Shah 'assures early statehood' for J&K in meeting with Apni Party delegation", The Wire,
15 March 2020.
158 Human Rights Watch, Amnesty International and a number of Indian organisations have all
called for the Act to be revoked. Members of the UN Human Rights Committee also questioned its
validity as early as 1991. Since then, the UN High Commissioner for Human Rights, the UN Special
Rapporteur on extrajudicial, summary or arbitrary executions, the Committee on the Elimination of
Discrimination Against Women, and the Committee on the Elimination of Racial Discrimination
have all called for an end to the Act. In April 2007, a working group appointed by the Indian prime
minister, also called for its revocation, saying it "impinge[d] on the fundamental rights of citizens".View entire presentation