Professor (Dr.) Imtiaz Khan

(Second part of two-part series)

Settler Colonialism aspects in Kashmir involves:

(1) Communication Blackouts and Media Restrictions: Indian authorities have historically used communication blackouts, including the suppression of internet services, to control the flow of information out of the region. Journalists and human rights defenders face routine harassment, incarceration, and accusations of “terrorism” for reporting human rights violations, creating a climate of fear and self-censorship.

(2 Immunity for Security Forces: The Armed Forces Special Powers Act (AFSPA) and Public Safety Act (PSA) grants Indian security personnel legal immunity from prosecution for their actions in the region, which human rights organizations argue contributes to a lack of accountability and encourages further violations. Amnesty International calls PSA as lawless law.

3. Government Denial: The Indian government has often dismissed reports of human rights abuses as part of an internal conflict, denying the reality on the ground and limiting external scrutiny.
4. Geopolitical and Economic Interests: Many nations remain silent on the issue due to “geopolitical prudence” and significant economic and trade interests with India. Western powers, in particular, often prioritize their strategic alignment with India to counter Chinese influence in the region over human rights concerns.
5. Lack of Access for International Observers: India has repeatedly been urged by the UN and other international bodies to allow independent investigations and unhindered access for UN Special Rapporteurs, independent journalists, and human rights organizations, but these calls have largely been ignored.
6. Information Control and Propaganda: India employs propaganda and specific campaigns to shape the international narrative and counter the concerns raised by the Kashmiri people and human rights groups.

Despite these challenges, human rights organizations like Human Rights Watch, Amnesty International, and UN reports have extensively documented serious allegations, including enforced disappearances, torture, sexual violence, and extrajudicial killings. These reports have raised international awareness and led to calls for the Indian government to be held accountable.

UN human rights experts have officially raised serious concerns about abuses in the region in recent months. Following the April 22, 2025, Pahalgam attack where 26 mostly civilian tourists were killed under false flag operation, Indian army operations intensified across Kashmir. UN experts condemned terrorism but also stressed that counter-terrorism responses must comply with international human rights law. They reported sweeping arrests and detentions of around 2,700–2,800 people, including students, journalists, and human rights defenders, in multiple districts. Those detained were often held under stringent laws like the Public Safety Act (PSA) and Unlawful Activities (Prevention) Act (UAPA), which allow prolonged detention without charge or timely trial — a point of particular criticism from rights experts.

Independent reports and human rights organizations have documented several ongoing patterns:

Arbitrary Arrests and Detentions: Large-scale detentions of genuine leadership of Kashmir, civilians, students, journalists, and activists, often for extended periods without clear charges or trials. Cases such as Khurram Parvez, an internationally recognized human rights defender, have drawn condemnation for prolonged detention without trial.

Demolitions and Forced Evictions: Homes and properties have reportedly been demolished or confiscated without adequate notice, due process, or compensation, contributing to displacement and loss of livelihood.

Suppression of Speech and Assembly: Communication blackouts, restrictions on protests and public demonstrations, and blocking of social media accounts have all been reported as tools to limit dissent.

Allegations of Torture and Custodial Abuse: Reports of alleged torture, custodial deaths, and intense interrogation methods have emerged from local sources and human rights coalitions, deepening concerns about due process and treatment of detainees.

Media and Civil Society Pressure: Human rights organizations say press freedom and civil society engagement face heavy restrictions; some journalists and activists have been arrested or had offices raided. Legal and Human Rights organizations emphasize due process, non-discrimination, and protection from arbitrary detention or torture.

UN experts and civil rights organizations have repeatedly called on authorities to uphold these standards while addressing security challenges. Key documented concerns include:

1. Arbitrary detention without timely trial.
2. Use of anti-terror laws for prolonged incarceration.
3. House demolitions and forced evictions.

4.Restrictions on free speech and assembly.

5. Rampant cases of torture, molestation of women folk, custodial deaths, and suppression of civil society.

All these issues have been raised by UN experts, international rights organizations, and independent reports — and are part of continuing debates on human rights in the region.

A group of UN human rights experts has publicly condemned what they term “serious human rights violations” in the territory and urged adherence to international laws. Moreover, several governments and NGOs have expressed alarm and called for independent investigations, accountability mechanisms, and respect for fundamental freedoms. Notable among these are:

Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions.

Nazila Ghanea, Special Rapporteur on freedom of religion or belief.

Balakrishnan Rajagopal, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context.

Nicolas Levrat, Special Rapporteur on minority issues

Conclusion
The situation in Indian-occupied Kashmir is highly contested and sensitive. As mentioned above independent observers, human rights organizations, and UN experts have documented patterns of arbitrary detention, curtailed freedoms, forced evictions, communication controls, and suppression of civil society, raising alarm about ongoing rights violations. But all these concerns are falling on deaf ears, and Indian government is not only continuing but accelerating her pogrom to eliminate Kashmiri population and transform it into a land where Hindu religion / way of life dominates or prevails. Although human right organization raise the voices against this unabated brutality, India is unmoved due to any consequences or retribution for her actions. It is amply evident that passing of resolutions or appeals without any disciplinary action will not cut ice. Business sanctions by countries like USA or Arab nations like Saudi Arabia, UAE and Qatar from which drives India’s economic engine will undoubtedly have an effect. In this regard lately role of Pakistan has been less than salutary. Apart from issuing statements and holding unimpressive rallies the country has exhibited lackadaisical approach at international level.

During a recent border skirmish between India and Pakistan, President Donald J Trump, US president had to intervene to bring the hostilities to standstill. Without mincing words, he unequivocally stated that his non-intervention would conflagrate the situation that could snowball into nuclear exchange. In a report published by non-government organization it is stated that nuclear war between India and Pakistan will affect more than 2 million people in the world. With both countries involved in multiplying their arsenal the consequences have a catastrophic potential. Unresolved Kashmir issue is a powder keg and can be a trigger for the “disaster in waiting”. A serious attention towards this cataclysmic issue needs to be drawn.

(Concluded)

Professor (Dr.) Imtiaz Khan is a Kashmiri American scholar.
He can be reached at: imtiaz.k86@yahoo.com