Systematic Inhumane Persecution in Jammu & Kashmir

This written communication draws the attention of the United Nations and its human rights mechanisms to persistent and grave violations in Jammu and Kashmir, which cumulatively raise serious concerns under international human rights law and international criminal law, including the threshold of crimes against humanity.

For decades, the civilian population of Jammu and Kashmir has lived under one of the world’s most militarized environments. Since August 2019 in particular, restrictions on civil liberties have intensified, marked by arbitrary arrests, prolonged detentions without trial, torture and ill-treatment, extrajudicial killings, enforced disappearances, and collective punishment under the guise of national security.

On 24 November 2025, ten UN Special Rapporteurs issued a joint statement condemning “reports of arbitrary arrests and detentions, suspicious deaths in custody, torture and other ill-treatment, lynchings, and discriminatory treatment of Kashmiri and Muslim communities.”

These concerns echo findings previously documented by Michelle Bachelet,the United Nations High Commissioner for Human Rights (OHCHR) in its 2019 report, which warned of an entrenched culture of impunity and lack of accountability for serious violations.

Independent experts on mass atrocities have sounded early warnings. Gregory Stanton, Founder of Genocide Watch, has stated that Kashmir exhibits multiple risk factors associated with genocide, including extreme militarization, denial of identity, suppression of dissent, and systemic impunity.

Freedom of expression and access to information have been severely curtailed. The Committee to Protect Journalists has repeatedly warned that journalism in Kashmir has been effectively criminalized, leaving the population voiceless.

Award-winning journalists and scholars—such as Masarat Zahra and Dr. Nitasha Kaul (British Academic) —have faced harassment, travel bans, and reprisals, including the denial of entry to India, amounting to transnational repression.

The recent attachment of properties belonging to members of the Kashmiri diaspora who advocate a peaceful resolution of the Kashmir dispute is deeply alarming. These measures appear aimed at intimidating and silencing dissenting voices and preventing the international community from understanding the reality on the ground.

Equally disturbing is the forthcoming trial of Mohammad Yasin Malik before the Supreme Court of India, where the government is seeking the death penalty, a move that has sent shockwaves across Kashmir and among human rights advocates worldwide. The recent convictions of Asiya Andrabi, Nahida Nasreen and Fahmeeda Sofi serve no legitimate purpose other than to suppress political expression and peaceful advocacy.

The continued incarceration of Shabir Ahmed Shah and Masarat Alam, without credible justification, further underscores a pattern of repression aimed at dismantling legitimate political leadership in Kashmir. The prolonged confinement of Khurram Parvez, an internationally known human rights advocate violates all norms of international standards.

These actions collectively reflect a troubling pattern of repression and raise serious concerns under international human rights law. Urgent intervention by the United Nations is essential to protect fundamental freedoms, uphold the rule of law, and prevent further deterioration of the human rights situation in Jammu and Kashmir.

My concerns are consistent with observations made by other United Nations independent experts, international NGO’s, scholars and academics.

Mary Lawlor, UN Special Rapporteur on Human Rights Defenders said on the targeting of Kashmiri civil society: “The continued use of counter-terrorism legislation to silence human rights defenders in Jammu and Kashmir is deeply alarming. Peaceful human rights work must never be criminalized under the guise of national security.”

Dr. Fernand de Varennes, UN Special Rapporteur on Minority Issues (2020): “Restrictions imposed in Jammu and Kashmir appear to be inconsistent with international human rights norms, particularly those protecting minorities.”

International Commission of Jurists (ICJ): “The prolonged denial of civil liberties in Jammu and Kashmir raises serious concerns under international law, including the prohibition of collective punishment and arbitrary detention.”

Amnesty International: “India’s claims of ‘normalcy’ in Kashmir are contradicted by widespread repression, including arbitrary detentions, communication blackouts, and collective punishment of civilians.”

Human Rights Watch: “Impunity for security forces remains the norm, fostering further abuses and denying justice to victims.”

Timely and principled intervention by the United Nations is essential to restore confidence in the rule of law, protect fundamental freedoms, and bring a measure of sanity and accountability to the situation in Jammu and Kashmir.

This submission urges the United Nations to:

1. Initiate independent international investigations into alleged crimes against humanity in Jammu and Kashmir.
2. Press for the repeal or reform of laws enabling arbitrary detention and collective punishment.
3. Persuade India to release Mohammad Yasin Malik, Shabbir Ahmed Shah, Masar Aalam, Asiya Andrabi, Nahida Nasreen, Fahmeeda Soofi, Khurram Parvez and others immediately.
4. Ensure access to UN Special Procedures, international observers, and independent media.
5. Call for accountability and remedies for victims, consistent with international law.

Silence and inaction risk normalizing repression. The situation in Jammu and Kashmir demands sustained international scrutiny and principled engagement.