Amnesty International on Tuesday said that India must refrain from using restrictive travel bans and arbitrary detentions under the country’s draconian laws to intimidate critical dissenting voices from speaking out on Jammu and Kashmir.
The rights watchdog reported that following the revocation of the region’s special autonomous status, authorities have intensified repression, leading to arbitrary detentions, passport revocations, the creation of opaque “no-fly lists,” denial of entry into India, and the cancellation of Overseas Citizenship of India (OCI) status. These actions have targeted both Indian and non-Indian citizens speaking out against the repression.
The Indian authorities are using arbitrary restrictions and punitive actions to create a climate of fear in Jammu and Kashmir. Anyone daring to speak out – whether to criticize the government or to stand up for human rights – faces a clampdown on their rights to freedom of expression and association and are unable to move freely within and outside the country,” said Aakar Patel, chair of board at Amnesty International India.
“The Indian authorities must end their campaign of harassment and intimidation against dissenting voices. The people of Jammu and Kashmir must be able to exercise their right to fully participate in the decision-making about their future in the run up to, during and after elections,” Patel added.
Amnesty stated that they have verified at least five cases, involving journalists, political leaders, and activists, who were barred from traveling abroad or entering India despite holding valid travel documents. These actions, taken without any written explanation, court order, or timely notification, violate the right to freedom of movement and appear to be a form of retaliation for their legitimate human rights work in Jammu and Kashmir.
The rights watchdog also highlighted an increase in cases under the draconian UAPA and PSA laws in the Valley, which has resulted in self-censorship among independent voices and allowed authorities near-total control over information from the region.
Reports say that about “98-200” passports may have been revoked since the abrogation of Article 370. There is no official data on the cancellation, denial, impounding or revocation of passports in Jammu & Kashmir.
Masrat Zahra, an award-winning Kashmiri photojournalist, has been left in limbo after her Indian passport was unexpectedly revoked while she was studying in the United States. Her family in Kashmir received a notice on September 24, 2023, dated July 3, 2023, which demanded a response by July 20. By the time Zahra became aware of the notice, the deadline had already passed, leaving her unable to address the issue in time.
“They had already made their decision to revoke my passport, so responding seemed futile,” Zahra said to the rights watchdog. “I am essentially trapped. I cannot leave the United States, nor can I return to India. I’ve had to self-censor my thoughts, avoiding anything that might raise attention on social media. But the hardest part is being separated from my family and unable to continue my work in Kashmir. I feel a deep responsibility to be the voice of my people, who are currently voiceless. There are no stories coming out of Kashmir anymore.”
Once I left, my name was added to a no-fly list. If I return to India, I know I will not be able to leave again. The police have harassed and surveilled my family, assaulted my father and mother. They questioned neighbors about my whereabouts and subjected my family to endless phone calls,” Zahra further said.
“Even though I was never given a copy of the FIR, the authorities retain the power to arrest me at any time if I return,” she added.
Waheed Para, a political leader from the Jammu & Kashmir People’s Democratic Party (PDP), was accused by the National Investigation Agency of posing a “threat to the security of the state.” In May 2023, the Regional Passport Office in Srinagar impounded and revoked his passport, preventing him from traveling to the United States to begin a fellowship at Yale University.
“They [Regional Passport Office] did not give me any concrete reasons for revoking my passport. They just arbitrarily invoked national security as a ground without any explanation… I lost a great academic opportunity…[I] could not even travel within India to secure a proper treatment for my father who was suffering from cancer and recently passed away. It has been extremely traumatic,” Para told Amnesty International.
Iltija Mufti, daughter and media advisor to Mehbooba Mufti, the former chief minister and leader of the People’s Democratic Party (PDP), has been an outspoken critic of the repression in the region following the abrogation of Article 370. Despite her valid documentation, she faced prolonged delays, waiting several months for her passport to be issued.
“Finally, I had to approach the court and was able to get my passport after more than a year. The authorities had similarly troubled my mother and grandmother with their passports. My freedom of movement is a right enshrined in the Indian Constitution, but I had to really struggle to exercise this right,” Mufti told Amnesty International.
