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Human Rights Report

This report is an attempt to offer a brief overview of the human rights situation in Indian Illegally
occupied Jammu and Kashmir covering the period from Sep to Dec 2022.

By
Shazia Khawaja
& Mehr un Nisa

Edited by
Altaf Hussain Wani

3
TABLE OF CONTENTS

INTRODUCTION 06

THREE YEARS AFTER REVOCATION


OF KASHMIR’S AUTONOMY 09

RELIGIOUS FREEDOM IN IIOJK 09

DELIMITATIONS: A TOOL TO
DISEMPOWER KASHMIRIS 10

MANIPULATIVE LAWS AGAINST


JOURNALISM 11

EXTRA-JUDICIAL KILLINGS IN IIOJK 11

ARBITRARY DETENTION IN IIOJK 12

SEIZURE AND TORCHING OF


PRIVATE PROPERTY IN IIOJK 14

EXTRAJUDICIAL KILLINGS
(CASES) 17

ILLEGAL ARREST
(CASES)

TORTURE 24
(CASES)
KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

INTRODUCTION
Human rights abuses have escalated drastically in Indian Occupied Jammu and Kashmir
India’s perpetual denial to hold a plebiscite in the region has forced the Kashmiri nation
to start an anti-India resistance movement in the late 1980s. Their struggle spanning over
the period of 75 years has been largely political in nature. Being an occupied nation with
enormous suffering, it is this suffering that borders the political outlook of their struggle.

Instead of addressing the dispute through peaceful means of dialogue and diplomacy,
the successive Indian rulers have always treated Kashmir as a colony; exploitation of
its resources, killing, and maiming its population through heavy militarization has been
their consistent policy. The reckless violence unleashed upon Kashmiris by the Indian
state over the past 30 years has resulted in widespread deaths, destruction, and massive
violation of civil and human rights of the Kashmiri people.

The colonial policies are being pursued in occupied territory inordinately by the
government of India, through its Army and other security agencies, since the time of its
deceitfully enforced ‘accession’ to India on October 26, 1947. The anti-terror laws are
being used in numerous cases which amount to extrajudicial executions by the Indian
Army in IOJK. The world has witnessed a sustained suppression of journalists and Human
right activists through the use of Draconian Laws such as Sedition and anti-terror laws
such as the Unlawful Activities Prevention Act (UAPA), Public Safety Act, Armed Forces
Special Powers Act and New Media Policy 2020 etc. Such legislations are used to create
a vicious cycle of criminal proceedings for the journalists and the activists. Kashmiris
are unjustly detained under special laws that lack key legal protections and allow the
occupation forces with extensive authority to arrest and detain.

Indian troops continue to violate human rights; non-combatant civilians and political
leaders have been arrested without trial, public gatherings are prohibited, hundreds of
security checkpoints have been created, and a communication outage has been imposed.
As a result, ordinary people face a persistent scarcity of basic life essentials, and medical
supplies have become rare.

Articles 370 and 35A were written to preserve Kashmir’s demographic characteristics
while also preserving the identity and culture of the Kashmiri people. To downplay
Kashmiris’ struggle for independence and their right to self-determination, India is
exploiting the language of terrorism to draw attention away from the terrible reality of
IOJK. To affect demographic changes in Kashmir, India also passed new domicile rules
in IOJK after Articles 370 and 35A were repealed. A person who has lived in Jammu and
Kashmir for 15 years or has studied there for seven years is qualified for the Domicile
under the Jammu and Kashmir Civil Services Act. These regulations represent the Indian
government’s attempts to alter the demographics of the disputed territory.

People are questioned and sometimes beaten up at checkpoints if encrypted apps like
WhatsApp or Signal are installed on their phones. Scores of government employees have
recently been dismissed for “anti-national activities” or social media posts critical of the
government. In 2021, police were told to reject security clearance for government jobs and
passports to those with past involvement in protests, stone-throwing or activities against
“security of the state”. Local residents and even their relatives, who have protested in the
past, are regularly pressed by police to give written promises to ensure they desist.

The document in hand is narration of human rights violations perpetuated by Indian


occupation authorities in occupied Kashmir in last three months. The year 2022
witnessed the killings of at least 291 civilians and 38 custodial killings in IIOJK. From 1st

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Human Rights Report

January to 30th Dec 22, at least 200 Siege and Search Operations were conducted by
the Indian Army. More than 1200 civilians were arbitrarily detained while IIOJK witnessed
245 incidents of torture, 26 cases of sexual abuse and 49 children became orphaned.
During Siege and Search Operations, fake encounters, and vandalism nearly 197 civilian
properties were damaged

HUMAN RIGHTS VIOLATIONS IN IIOJK


(From Jan - Dec 2022)

Internet Shutdown Total Killings


8% 11%
Siege & Search
Operations
9%

Torture Cases
12%

Sexual Assualt
1%

Children Orphaned
2%

Women Widowed
1% Arbitrary Detention
46%
Destruction of Public
Properties
10%

Total Killings Arbitrary Detention Destruction of Public Properties


Women Widowed Children Orphaned Sexual Assualt
Torture Cases Siege & Search Operations Internet Shutdown

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

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Human Rights Report

THREE YEARS AFTER REVOCATION


OF KASHMIR’S AUTONOMY
Three years after India revoked Jammu and Kashmir’s constitutional status, the situation in the held
territory continues to remain highly fluid and fraught with uncertainty. While social, political and economic
life remains critically suppressed, hapless Kashmiris are battling for life amid institutionalized insecurity
and state-driven violence. Despite India’s lofty claims of ‘normalcy’, life in the conflict-hit region remains
embroiled in an unending war, wherein chaos and uncertainty reigns supreme. There has been no letup,
whatsoever, in violence and bloodshed in the region, human rights abuses continue unabated while
fundamental freedoms remain suspended and a sense of perpetual fear and insecurity looms large over
the region.

Suppression of freedom of speech and expression has led to a wholesale imprisonment of thousands
of Kashmiris who continue to languish in far off jails as undertrials. While on the other a multi-front
onslaught, which has led to identity erosion, is yet another biggest challenge Kashmiris have been
facing since the abrogation of article 370 and 35 A. In addition to modification of the state’s age-old
laws the government of India has introduced hundreds of new laws that lent impetus to BJP’s settler
colonialism campaign to completely erase Kashmir’s political, religious, and cultural identity. Human
rights groups working in the region have painted a bleak picture of Kashmir that speaks volumes about
the utter catastrophe that is taking place in the region. But their concerns and recommendations remain
unheeded and unnoticed at the global level. Sadly, New Delhi, which has blatantly ignored the voices
emanating from the region, also appears to be more concerned with projecting an image of normalcy
than ensuring rights and accountability. However, a scathing report on the human rights situation in
Kashmir released by the Forum for Human Rights in Jammu and Kashmir (FHR JK) recently, has exposed
India’s myth of normalcy in the valley. Pertinently, the FHR-JK, an informal group of concerned Indian
citizens, has so far released three reporters on the HR situation in Kashmir.

In its latest report titled “Three Years After Union Territory - Human Rights in Jammu and Kashmir”, the
group had made shocking revelations about the heightened fear of insecurity amongst the Kashmiris.
The group noted that several human rights violations described in the previous two reports still continue
unabated following the dilution of Article 370. These included issues of arbitrary detention, prohibition
on public assembly, and mass imprisonments. The report further said that large numbers of political
detainees taken into preventive detention on or after 4 August 2019 remain in jail as undertrials. In further
violation of their rights, the report underlined that a number of political prisoners were recently shifted
from Kashmir to jails in Haryana, Uttar Pradesh, and New Delhi.

RELIGIOUS FREEDOM IN IIOJK


India has curtailed religious freedom of Kashmiri Muslims by shutting down many mosques and shrines
in IIOJK. Muslims are not even allowed to offer prayers in mosques as India imposed restrictions on
right of people to perform prayers in Mosques, which is a blatant violation of religious freedom. India
has closed down many mosques in Kashmir, even removing their domes, despite the fact that they were
originally built by Muslim rulers. The ban on Muharram processions and the clampdown on Tabligh,
Friday prayers, Eid prayers are the gross violation of religious freedom of Kashmiri Muslims.

The congregational prayers on the occasion of Shab-e-Qadr, night-long prayers, and Jumat-ul-Vida
are not allowed during Ramadan in various mosques of IIOJK including in Jamia Masjid Srinagar.1 After
30 weeks Indian authorities allowed Srinagar’s Jamia Masjid for Friday congregational prayers. The
mosque was closed for at least 250 days in 2008, 2010 and 2016 combined. Jamia Masjid has mostly
remained closed post the abrogation of Article 370 in August 2019. India wants to destroy the identity of
1 Peerzada Ashiq, J&K government move to disallow prayers at Srinagar’s Jamia Masjid decried, The Hindu April 03, 22
https://www.thehindu.com/news/national/other-states/jk-govt-move-to-disallow-prayers-at-jamia-masjid-decried/article65363078.ece

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

Kashmiris completely, by annihilating all its monuments and historical sites. From current situation India
has created a sense of complete isolation in kashmir, economically as well as socially.

The government of India has long been criticized by international human rights watch bodies for its
policy of religious discrimination and disenfranchisement of Muslims in IIOJK. The attacks on Shias
processions in IIOJK and in India are well documented examples of the indifference of the ruling party
to basic human rights principles in the region. Post abrogation of Article 370 on 5 August 2019, scores
of Muslim religious leaders were among more than 5,000 people arrested by the government, more than
600 of them were slapped with the stringent Public Safety Act.2

The United States Commission for International Religious Freedom (USCIRF)’s 2022 report has
designated India as a “Country of Particular Concern” for “for engaging in and tolerating systematic,
ongoing, and egregious violations of religious freedom”.3 In June 2020, the U.S. State Department stated
in its report that religious freedom in India continued a downward trend in the year 2018. In August 2020,
the Organization of Islamic Cooperation (OIC) also raised concerns about India’s lockdown in Kashmir
and called for authorities to ensure that Kashmiri Muslims could exercise their religious rights.4

The United Nations report has also found that India’s occupation of Kashmir violates the right to freedom
of religion. The report states India violates Article 18 of the Universal Declaration of Human Rights, which
states that “Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

ON REVIVAL OF VDCS
Referring to revival of civil militia called Village Defense Committees, the report said that the dreaded
militia was revived despite its worst human rights track record. The VDCs, it said, had never been
made accountable for the crimes they committed against innocent people. It is worth mentioning here
that police have registered 221 cases against VDCs for blatant violations of human rights. This militia
consisting of Hindu village youths was formed around 2000 to crush the Kashmiris’ ongoing resistance
movement. It was later abolished a decade ago for its involvement in harassment of Muslim populations,
extortion, smuggling and other crimes.

DELIMITATIONS: A TOOL TO DISEMPOWER KASHMIRIS


About fresh delimitations, the authors of the report, revealed that the Delimitation Commission’s report
has grossly violated the rights of majority of community in Kashmir and termed the reorganization of
assembly constituencies as a tool to politically disempower and marginalize indigenous population.
According to the report, the criteria of population, which is the cardinal principle in this regard, has not
been adhered to in the allocation of the assembly seats to Kashmir and Jammu regions.

“The move will shift the center of political power in the region from Srinagar to Jammu, and will render
the Kashmiri Muslims politically weightless and worthless”, the report said adding the demarcation of
Lok Sabha and Assembly seats also generate concerns of Gerrymandering as multiple seats have been
redrawn with different configurations of Hindu and Muslim majority areas to create undue electoral
advantages for the ruling party -the BJP.

2 Nisar Dharma, No Friday prayers in over 4 months in Kashmir’s largest mosque, Aljaeera Dec 10, 2019
https://www.aljazeera.com/news/2019/12/10/no-friday-prayers-in-over-4-months-in-kashmirs-largest-mosque/
3 Under Barbed Wire: Religious Freedom in indian-Occupied Kashmir, Stand With Kashmir October 04, 2022 https://standwithkashmir.org/under-barbed-wire-
religious-freedom-in-indian-occupied-kashmir/
4 Auqib Javeed, Using pellets, force on Shia mourner’s points to declining religious freedom in Kashmir, Two Circles Sep 10, 2020
http://twocircles.net/2020sep10/438964.html

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Human Rights Report

The report said that as per the rule Kashmir valley, which has a population of 68.88 lakh should have got
51 seats and Jammu having a population of 53.78 lakh should have got 39 seats. The Commission’s
orders, the report said, were rife with examples of cracking and packing. Citing the example of Jakhain
village in Udhampur district, the report further revealed that the village with 92.8% Schedule Tribe
population was added to Chenani constituency and Muslim majority areas of Rajouri and Poonch with
70% Muslim population have been merged with Islamabad (Anantnag) constituency to pave a way for
the BJP candidates to win elections. It is worth mentioning here that these electoral segments (Poonch
and Rajouri) fall at the distance of hundreds of kilometers away from Islamabad.5

Similarly, Kokernag constituency in the Kashmir valley has been divided and merged into the Lerno and
Doru regions, whereas Amira Kadal constituency has also been dissolved.

According to the group the Delimitation Commission’s report will be presented as an example in the
political history of the world as how to turn a dominant majority into a political minority in the guise of
democracy through gerrymandering, cracking and packing.

MANIPULATIVE LAWS AGAINST JOURNALISM


India has been using Draconian laws to suppress journalism and freedom of expression in IoK. The
UAPA criminalizes any activity intended to “cause disaffection against India” and is being used brutally
against journalists. An amendment to this law in 2019 further empowers the Indian government to
designate any individual as a terrorist. Another act called PSA is being used for preventive detention for
up to two years. The detaining authority does not need to inform persons charged under the PSA of the
reason for the arrest, and the detained person doesn’t have the right to challenge the arrest or engage
a lawyer to represent them. This law was also amended in 2018 to allow persons detained under PSA
to be transferred to jails outside the state and away from their families. A new media policy in 2020
authorizes government officers to examine the content and mandates background checks for journalists.6
All these cases and laws that are articulated above show how India stop journalism activities covering
the Human Right Violation and killings in Kashmir after the revoking of Article 370 and 35A in August
2019.

EXTRA-JUDICIAL KILLINGS
The systematic killing spree and enforced disappearances followed by executions of innocent civilians
continues unabated. For decades, India has been illegally occupying the occupied territories of Jammu
and Kashmir, with its army being responsible for many civilian deaths. More than 100,000 Muslims
have been massacred in Jammu and Kashmir since 1989. From January 1st – Dec 30th, at least 300
Kashmiris have lost their lives as a result of indiscriminate firing by Indian forces.

5 Peerzada Ashiq, Delimitation draft: Average population size of Kashmir constituencies go up against Jammu seats, The Hindu February 10, 2022
https://www.thehindu.com/news/national/other-states/delimitation-draft-average-population-size-of-kashmir-constituencies-go-up-against-jammu-seats/
article38404880.ece
6 J&K’s new media policy draws sharp criticism from Kashmir journalists, Hindustan Times, June 15, 2020
https://www.hindustantimes.com/cities/j-k-admn-s-new-media-policy-an-affront-to-press-freedom-say-kashmiri-journalists/story-onv0pfBkgHcBnUH6ZoQl2O.html

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

EXTRAJUDICIAL KILLINGS IN IIOJK


(1st January - 31st Dec 2022)

45 41 40
40
35 31 32
30 27
25 22 22 20
18 17
20 14
15
10 7
5
0

Extrajudicial Killings in IIOJK

ARBITRARY DETENTION
India has also made sweeping use of its vaguely worded and stringent anti-terror law, the Unlawful
Activities Prevention Act (UAPA), introduced in July 2019, the Act allows the authorities to designate any
individual as a terrorist without the requirement of establishing membership or association with banned
groups. The rights experts said the UAPA has resulted in a “worrisome rise” in the number of arrests in
India, and especially in Indian-administered Jammu and Kashmir. In 2021, more than 600 people were
booked under the draconian Unlawful Activities Prevention Act (UAPA), and the Public Safety Act (PSA)
in IIOJK.

Over 300 people were detained during the month of October 2021. Soon after abrogation
of Article 370 more than 5,000 Kashmiris were booked under the Public Safety Act, a
“preventative detention” law allowing two years’ imprisonment without charge or trial.7
The PSA has not only depicted the Kashmiris as dangerous but also, in collaboration with AFSPA,
established a legal death zone critical to the operation of the settler regime. It is the zone where impunity
and detention run rampant, and Kashmiris are caged “as existential and demographic threats.

7 “We are Being Punished By The Law”: Three Years of Abrogation of Article 370 in Jammu & Kashmir, Reliefweb, Sep 2, 2022
https://reliefweb.int/report/india/we-are-being-punished-law-three-years-abrogation-article-370-jammu-kashmir

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Human Rights Report

ARBITRARY DETENTION IN IIOJK (REPORTED CASES)


(From1st January - 31st Dec 2022)
450
407
400

350

300

250

200
150
150 140
109
96 92
100 78
59
45 47 43
50 32

0
Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22

Arbitrary Detention in IIOJK (Reported)

Yasin Malik, head of the Jammu and Kashmir Liberation Front (JKLF), was arrested by the National
Investigation Agency on 10 April 2019. He was charged with the case of funding terrorism activities and
other charges like killings. This was not the first time that a case was fabricated against the Kashmiri Hurriyat
leader. He has been arrested multiple times in the past in 1999 and 2002 even after giving up his arms
when he started following the Gandhian principles. Later in 2022, on 19 May, Yasin Malik was convicted.8
The court charged him with terrorism acts and funding the terrorist acts. According to a letter sent by
Malik to his family, he reported that he was denied the right to a fair trial and he is not being allowed to
present himself in court.

Khurram Pervez is a human right activist, who expose the human right violations in Jammu and Kashmir, which
also includes detention and disappearances of Kashmir. He is the Programme Coordinator of the Jammu and
Kashmir Coalition of Civil Society (JKCCS) and the Chairperson of the Asian Federation Against Involuntary
Disappearance (AFAD). Citing (FIR) filed by the NIA on November 6, 2021, the National Investigation Agency
(NIA) state police an operation on his home and the JKCCS office in Srinagar on November 25, 2021.9
Khurram was then taken into custody after numerous electrical gadgets and paperwork were confiscated.

Fahad Shah human rights activist and a journalist were accused under the Jammu and Kashmir safety
act (PSA) which gives him detention for up to two years without any appeal in court. Before this charge,
Fahad shah on February 4, 2022, was arrested by police at Pulwama police station and was held there
for ten days. He was summoned to the police station and was charged under the FIR 19/2022 for being
involved in unlawful activity, under section 124A for “Sedition” and section 505 for “Public mischief”.10

On the day 31 January 2022 Jammu and Kashmir police summoned four journalists including Fahad
Shah for the case of a police encounter in Pulwama. A boy aged 17-year-old was also summoned
among those four people, the police suspected the boy was involved with the freedom fighters but his
parents claimed his innocence. Fahad Shah wrote the report of that boy in his news portal, Kashmir
Walla.
8 Ahead of sentencing, Yasin Malik seeks to play ‘Gandhian card, Deccanherald May 25, 22
https://www.deccanherald.com/national/ahead-of-sentencing-yasin-malik-seeks-to-play-gandhian-card-1112380.html
9 Anand Singh, Khurram Parvez Was In Touch With Pak-Based OWGs: NIA, New India Nov 23, 21
10 Umer Asif, With Arrest of Editor After Reporting Both Sides Of Story, Govt Escalates Criminalisation Of Journalism In Kashmir, Article 14 Feb 18, 2022
https://article-14.com/post/with-arrest-of-editor-after-reporting-both-sides-of-story-govt-escalates-criminalisation-of-journalism-in-kashmir-620f079a0fd00

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

The homes of four Kashmiri journalists, Showkat Motta, Azhar Qadri, Abbas Shah, and Hilal Mir, were
simultaneously raided by Jammu and Kashmir police in September 2021, resulting in the seizure of
papers and electronic equipment. According to reports, the journalists were interrogated and held at a
nearby police station for a day. Manan Gulzar Dar, a photojournalist, was detained in an NIA raid on his
home in October 2021 for allegedly collaborating with terrorist groups in violation of the UAPA. This was
one of over 130 raids the NIA carried out in Jammu & Kashmir over four months in 2021.11

SEIZURE AND TORCHING OF


PRIVATE PROPERTY IN IIOJK
The State Investigative Agency (SIA) has seized and confiscated property worth millions of rupees
from people living in IIOJK. The SIA has been carrying out raids in different parts of Kashmir since
August 5, 2019, when the Indian government unilaterally revoked Article 370 of the Constitution, which
granted special status to Jammu and Kashmir. According to sources, the SIA has so far seized over 100
properties in different parts of IIOJK. This is seen as a form of collective punishment against the people
of Kashmir by the Indian government. These include commercial establishments, residential houses,
agricultural land, and even school buildings. The SIA raids have caused immense hardship to the people
of Kashmir, many of whom have had their homes and livelihoods destroyed. This is in addition to the
other restrictions and curfews imposed by the Indian government since August 5, 2019.

Recently, the SIA in south Kashmir’s Anantnag district has seized thirteen properties owned by Kashmiri
civilians, this includes; one residential house over land measuring 09 Marlas and 07 Sarsai (presently
rented to Nazir Ahmad Gatoo son of Ghulam Mohammad R/o Bijbehara, Orchard land measuring 30
kanal and 1 Marla in village Rakhi Moman Danjipora, Shopping complex and Kuthar over land measuring
07 Marlas and 6 Sirsaii in Village Arwani, Commercial cum residential structure two storied building along
with two shops at ground floor over land measuring 02 kanals and 01 sarsai donated by Aziz son of
Ismail parrey in village Jablipora, double storey residential house over land 12 marlas in village Anantnag
east Mattan, land measuring 07 marlasand 01 sarsai in Anantnag, land measuring 16 marlas and 07
sarsai in Anantnag under survey no 1929/261, land measuring 06 kanal and 10 marla in Anantnag under
survey no 1923/259 and Gair mumkin Kuthar over land 04 sarsai in village Shangus under survey no 645
min in the name of Jamaat-e-Islami through Ghulam Nabi (Gul Shah) and others, under construction

11 Pirzada Shakir, Kashmiri journalist, brother arrested by NIA for ‘terror’, family says ‘baseless charges, KashmirWalla Oct 29, 2021
https://thekashmirwalla.com/kashmiri-journalist-brother-arrested-by-nia-for-terror-family-says-baseless-charges/

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Human Rights Report

seven shops and four rooms over land 01 kanal and 05 marlas near Iqra English Medium school in
village Viddy Srigufwara and two storey non-functional building over o1 kanal land in village Hakoora.12
The SSP SIA Kashmir has been authorized to seize/ freeze the bank accounts/ cash/valuable securities
of the banned association within the territorial jurisdiction of district Anantnag.

The destruction of civilian property is a normal act by the Indian armed forces in IIOJK. The Indian army
burns down civilians’ homes, forces families to pour kerosene into their own homes, and set them on fire
after siege and search operations. They also loot valuables including cash and jewelry of the civilians.
A total of 110,495 private properties have been destroyed during military operations since 1989. A total
of 657 homes and other public property were destroyed during military operations in 2020, 130 in 2021
while 196 in 2022 by Indian troops.

PROPERTY DAMAGED DURING MILITARY OPERATIONS

250

200

150

100

50

0
2021 2022

Property Damaged during Military Operations

12 13 Jamaat-e-Islami properties seized in Anantnag: SIA, Free Press Kashmir Nov 26, 22
https://freepresskashmir.news/2022/11/26/13-jamaat-e-islami-properties-seized-in-anantnag-sia/

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

TORTURE
Torture in Jammu and Kashmir is of exceptional brutality and explains the appalling number of people
who have died in custody of the security forces. Muhammad Ashraf Sehrai senior Kashmiri leader died
in police custody on May 4, 2021, he was detained by the police on July 12, 2020 under the Public
Safety Act. Torture has also been documented by the UN Special Rapporteur on torture. However, not a
single investigation by an independent and impartial body into the numerous cases of people reported
to have been killed in custody is known to have been carried out. None of the perpetrators have been
brought to justice.

TORTURE (REPORTED CASES)


(From 1st January - 31st Dec 2022)
60
51
50
42
40
33
30
20 21 20
19
20 15
10
10 8
5
1
0

Torture Cases (Reported)

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

CASE # 1 CASE # 4
Victim Name: Fayaz Kumar and Owais Khan Victim Name: Naseer Ahmad Butt
Place of Incident: Thajiwara, Anantnag district Resident Of: Nowpora Baskuchan village of
Date of Incident: September 7, 2022 Shopian district
Agency Involved: Indian police Place of Incident: Shopian district of South Kashmir
Testimony: On September 7, 2022, Indian police Date of Incident: October 2, 2022
martyred two Kashmiri youth during a siege and Agency Involved: 44 RR of Indian Army, CRPF and
search operation in in Thajiwara area of Anantnag Jammu Kashmir Police
district of South Kashmir. The martyred Kashmiri Testimony: On October 2, 2022, Indian troops
youth were identified as Fayaz Kumar and Owais martyred a Kashmiri youth during a so called
Khan.13 cordon and search operation (CASO) at
CASE # 2 Baskuchan village in Imamsahib area of the
Victim Name: Abu Hurarah district Shopian of South Kashmir. The martyred
youth was identified as Naseer Ahmad Butt,
Resident Of: Kulgam, Kashmir
a resident of Nowpora Baskuchan village in
Place of Incident: Batpora, Kulgam
Shopian district.16
Date of Incident: September 26, 2022
Agency Involved: Indian police CASE # 5
Testimony: On September 26, 2022, Indian police Victim Name: Imran Bashir Ganaie
martyred an innocent Kashmiri youth during a Resident Of: Harnain, Shopian
siege and search operation in Batpora area of Place of Incident: Shopian
Kulgam. The youth was identified as Abu Hurarah Date of Incident: October 20, 2022
from Kulgam district of South Kashmir.”14 Agency Involved: Indian police
CASE # 3 Testimony: On October 20, 2022, a detained
Victim Name: Mohammed Shafi Gani and Yawar youth Imran Bashir Ganaei died in police custody
Ahmed Wani aka Asif just after two days of his illegal detention. The
Indian police arrested him on October 18, 2022
Resident Of: Batpora and Gopalpora, Kulgam
in a fake search operation.17
Place of Incident: Kulgam
Date of Incident: September 27, 2022
Agency Involved: 34 RR of the Indian Army,
Jammu Kashmir Police and CRPF
Testimony: On September 27, 2022, the 34 RR
of the Indian Army, Jammu Kashmir Police and
CRPF jointly laid a siege and search operation
in the Batpora area and martyred two innocent
Kashmiri youths in a fake encounter. The
martyred youths were identified as Mohammed
Shafi Gani, a resident of Batpora in Kulgam
and Yawar Ahmed Wani aka Asif, a resident of
Gopalpora, Kulgam.15
13 https://thekashmirwalla.com/militants-killed-in-anantnag-gunfight-affiliated-with-aguh-police/
14 https://thekashmirwalla.com/kulgam-gunfight-one-militant-killed-search-operation-on/
15 http://thekashmiriyat.co.uk/militants-killed-in-batpora-encounter-were-kulgam-residents/
16 Indian troops martyr one Kashmiri youth in Shopian – Kashmir Media Service (kmsnews.org)
17 Terrorist linked to migrant labourers’ killing shot dead in Shopian | Latest News India - Hindustan Times

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

CASE # 1 The police arrested him on the absurd charges


Victim Name: Faisal Ahmad Wagay of presence of people from across the Line of
Resident Of: Hassan Abad, Hutmara Anantnag Control and religious content in his whatsapps
Place of Incident: Anantnag, South Kashmir and Facebook accounts.20
Date of Incident: September 1, 2022 CASE # 4
Agency Involved: Indian Police and 3rd Rashtriya Victim Name: Faizan Fayaz Butt and Yawar
Rifles Nizam Mir
Testimony: On September 1, 2022, Indian police Place of Incident: Shopian, South Kashmir
detained Faisal Ahmad Wagay, a resident of Date of Incident: September 7, 2022
Hassan Abad, Hutmara Anantnag. The Case FIR Agency Involved: Indian police
No 78/2022 U/S 7/25 Arms Act 16, 18, 39 UAPA Testimony: On September 7, 2022, Indian police
has been registered against Wagay in police launched raids in Shopian district of South
station Mattan, Anantnag.18 Kashmir and arrested two innocent Kashmiri
CASE # 2 youth. The youth were identified as Faizan Fayaz
Victim Name: Saqib Shakeel Dar son of Shakeel Butt and Yawar Nizam Mir.
21

Ahmad Dar CASE # 5


Resident Of: Mumkak Batpora Victim Name: Shakir Akber Gojree, Mohsin Wani,
Place of Incident: Sopore, North Kashmir Resident Of: Bandipora and Baramulla
Date of Incident: September 2, 2022 Place of Incident: Sopore area of North Kashmir
Agency Involved: Indian police and 22 RR, 179/ Date of Incident: September 10, 2022
BN CRPF Agency Involved: Indian police along with 22 RR
Testimony: On September 2, 2022, Indian police and 179 CRPF
along with 22 RR, 179/BN CRPF arrested an Testimony: On September 10, 2022, Indian police
innocent Kashmiri youth identified as Saqib along with 22 RR and 179 CRPF arrested two
Shakeel Dar son of Shakeel Ahmad Dar, a innocent Kashmiri youth in at Gousiabad Chowk
resident of Mumkak Batpora area of Sopore, Chinkipora in the jurisdiction of PS Sopore area
North Kashmir.19 of North Kashmir. They have been identified as
CASE # 3 Shakir Akber and Mohsin Wani, residents of
Victim Name: Abdul Wahid Bandipora and Baramulla respectively.22
Resident Of: Cherji Dool tehsil of Jammu CASE # 6
Place of Incident: Dadpeth in Kishtwar district of Victim Name: Zaffar Iqbal
Jammu Resident Of: Bal-Angrala
Date of Incident: September 4, 2022 Place of Incident: Rajouri district Jammu
Agency Involved: Indian police Date of Incident: September 15, 2022
Testimony: On September 4, 2022, Indian police Agency Involved: Indian police and Security forces
arrested a religious cleric from an institution Testimony: On September 15, 2022, Indian police
Madeenatul Uloom at Dadpeth in Kishtwar district arrested a Kashmiri youth identified as Zaffar
of Jammu region. The scholar identified as Abdul Iqbal, resident of Bal-Angrala, Rajouri. The police
Wahid, a resident of Cherji Dool tehsil of Jammu. also had killed his brother Mohammad Iqbal in a
18 https://kashmirobserver.net/2022/09/01/militant-associate-arrested-in-south-kashmirs-anantnag-police/
19 https://thekashmirwalla.com/let-hybrid-militant-arrested-in-north-kashmir-arms-recovered-police/
20 https://www.kmsnews.org/kms/2022/09/04/indian-police-arrest-cleric-at-madrassa-in-kishtwar.html
21 https://www.kmsnews.org/kms/2022/09/07/indian-police-arrest-two-kashmiri-youth-in-shopian.html
22 https://thekashmirwalla.com/ogw-module-busted-in-north-kashmir-four-arrested-police/

20
Human Rights Report

fake encounter. The police booked him under the Agency Involved: Indian police
draconian UAPA law.23 Testimony: On September 25, 2022, two youths
CASE # 7 from Poonch were arrested by Indian police in
Victim Name: Sarjan Barkati Jaisalmer district near the Rajasthan border. The
Resident Of: Reban, Shopian two youths were identified as Jameel Iqbal and
Maruf Hussain. They were arrested by Indian
Place of Incident: Shopian, South Kashmir
police for collecting donations in the prohibited
Date of Incident: September 17, 2022
area without permission. Similar sort of incidents
Agency Involved: Indian police
have occurred in the year 2021 when police
Testimony: On September 17, 2022, Indian police arrested youth from Indian occupied Jammu and
raided and arrested senior Hurriyat leader and Kashmir just because they were walking around
Islamic parson Maulana Sarjan Barkati at his in Rama village of Rajasthan.26
home in the morning at 6:45am. Indian police
also arrested three famous leaders, Maulana CASE # 10
Abdul Rasheed Dawoodi, Mushtaq Ahmad Veeri Victim Name: Junaid Ahmad Parray
and Abdul Majeed Dar Almadni two days ago Resident Of: Nawakadal, Srinagar
under vague law Public Safety Act (PSA). 24 Place of Incident: Palpora, Srinagar
CASE # 8 Date of Incident: September 29, 2022
Victim Name: Imtiyaz Ahmad Ganai S/O of Abdul Agency Involved: Joint team of Srinagar Police
Rahim Ganai and Waseem Ahmad Lone S/O and 24 RR from Palpora
Ghulam Rasool Lone Testimony: On September 29, 2022 Indian police
Resident Of: Botingoo arrested an innocent Kashmiri youth in Palpora
Srinagar city. The illegally arrested youth was
Place of Incident: Sopore, Baramulla
identified as Junaid Ahmad Parray, a resident
Date of Incident: September 23, 2022
of Nawakadal area of Srinagar. A case under
Agency Involved: Joint team of police, Army’s 22
sections of UAPA was registered in Safakadal
RR and CRPF’s 179 BN
Police Station.27
Testimony: On September 23, a joint team of
police, Army’s 22 RR and CRPF’s 179 BN CASE # 11
arrested two Kashmiri youth in Sopore area of Victim Name: Yasir Ahmed
North Kashmir’s Baramulla district during Cordon Age: 23 year-old
and Search operations. The youth were identified Resident Of: Gool Ramban, Jammu
as Imtiyaz Ahmad Ganai son of Abdul Rahim Place of Incident: Ramban, Jammu
Ganai and Waseem Ahmad Lone son of Ghulam Date of Incident: October 4, 2022
Rasool Lone both residents of Botingoo.25 Agency Involved: Indian Police
CASE # 9 Testimony: On October 4, 2022, Indian police
Victim Name: Jameel Iqbal and Maruf Hussain arrested a Kashmiri youth in Ramban area of
Resident Of: Poonch, Jammu Jammu. The person was identified as Yasir
Ahmad (23 year-old) a resident of Gool, Ramban
Place of Incident: Rajasthan border
area of Jammu.28
Date of Incident: September 25, 2022
23 https://kashmirobserver.net/2022/09/15/hybrid-militant-arrested-in-jks-reasi-major-attack-averted-police/
24 https://www.kmsnews.org/kms/2022/09/17/indian-police-arrest-hurriyat-leader-sarjan-barkati-in-iiojk.html
25 http://thekashmiriyat.co.uk/2-hybrid-militants-held-along-with-arms-ammo-in-sopore/
26 A Year Later, Two Poonch Youth Arrested In Jaisalmer Again | Kashmir Life
27 http://thekashmiriyat.co.uk/augh-militant-arrested-in-srinagar-arms-and-ammunition-recovered-police/
28 Militant outfit claims responsibility for DG Prison’s murder, Accused from Ramban arrested - The Kashmiriyat

21
KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS

CASE # 12 arrested an innocent Kashmiri youth in Shopian


Victim Name: Danish Mohidin Ganie S/O Ghulam district of Indian occupied Kashmir. The arrested
Mohidin Ganie youth was identified as Imran Bashir Ganaei. The
Resident Of: Dadsara Awantipora police arrested the youth during house raids in
Place of Incident: Chandrigam, Pulwama the Hernain area of the district.31
Date of Incident: October 6, 2022 CASE # 15
Agency Involved: Indian Army, police and Central Victim Name:
Nazir Ahmad Pala, Mohammad
Reserve Police Force Usma Banli, Firdious Ahmad Khan, Abdul Hamid
Testimony: On October 6, 2022, Indian Army, Khan and Anyatullah Wani
police and Central Reserve Police Force in aPlace of Incident: Ramban, Jammu
special operation arrested a youth identified
Date of Incident: October 20, 2022
as Danish Mohidin Ganie S/O Ghulam Mohidin Agency Involved: Indian police
Ganie. The youth is a resident of Dadsara, Testimony: On October 20, 2022, Indian police
Awantipora and was arrested from Chandrigam arrested five Kashmiri youth under the draconian
area of Pulwama.29 Public Safety Act PSA in Ramban district of
CASE # 13 Jammu. The detained youth were identified as
Victim Name: Ishfaq Majeed Dar S/O Abdul Nazir Ahmad Pala, Mohammad Usma Banli,
Majeed Dar and Waseem Ahmad Malik S/O Firdious Ahmad Khan, Abdul Hamid Khan and
Abdul Gani Malik Anyatullah Wani.32
Resident Of: Saderkoot Bala and Gundpora CASE # 16
Rampora Victim Name: Shahid Hussain Bhat
Place of Incident: Hajin, Bandipora Resident Of: Plan Bandipora
Date of Incident: October 9, 2022 Place of Incident: Bandipora
Agency Involved: Indian Police Date of Incident: October 21, 2022
Testimony: On October 9, 2022, Indian police Agency Involved: A joint team of Police, army’s 14
arrested two Kashmiri youth under Public Safety RR and the personnel of CRPF 3rd battalion
Act (PSA) from Hajin area of Bandipora area of Testimony: On October 21, 2022, a joint team
Indian illegally occupied Jammu and Kashmir. of Indian police, Army’s 14 RR and CRPF 3rd
The youths were identified as Ishfaq Majeed Dar battalion personnel launched a search operation
S/O Abdul Majeed Dar and Waseem Ahmad Malik in the Plan area of Bandipora. The forces arrested
S/O Abdul Gani Malik the residents of Saderkoot a youth identified as Shahid Hussain Bhat a
Bala and Gundpora Rampora respectively.30 resident of Plan Bandipora. A Case FIR No.
CASE # 14 168/2022 was registered against Bhat in Police
Victim Name: Imran Bashir Ganaei Station Bandipora.33
Resident Of: Harnain Village CASE # 17
Place of Incident: Shopian district Victim Name: Adil Ghani Dar
Date of Incident: October 18, 2022 Place of Incident: Mohandpora, Shopian
Agency Involved: Indian police Date of Incident: October 31, 2022
Testimony: On October 18, 2022, Indian police Agency Involved: Indian police
29 Hizb Militant Arrested: Police | Kashmir Life
30 Two LeT associated arrested in Bandipora, booked under PSA, says Police - The Kashmiriyat
31 Indian police arrest two youth in Shopian – Kashmir Media Service (kmsnews.org)
32 Five Kashmiri youth detained under black law PSA in Ramban (dnowmedia.com)
33 Militant Held In North Kashmir’s Bandipora: Police | Kashmir Observer

22
Human Rights Report

Testimony: On October 31, 2022, Indian police Date of Incident: December 9, 2022
arrested a youth from Shopian district of Indian Agency Involved: Indian police
Illegally occupied Kashmir. The youth identified Testimony:
as Adil Ghani Dar was arrested from Mohandpura On December 9, 2022, Indian police arrested a
area of Shopian.34 Kashmiri identified as Jahangir Ahmad Naikoo
CASE # 18 S/O Gh. Mohd Naikoo from Chadoora area of
Victim Name: Adnan Shafi Bhat son of Mohd district Budgam. He was arrested and charged
Shafi Bhat and Yawar Rashid Sheikh son of under section 20, 23, 38 of UAPA.
37

Abdul Rashid Sheikh CASE # 21


Resident Of: Pulwama Victim Name: Yawar Bashir Dar son of Bashir
Place of Incident: Pulwama Ahmad
Date of Incident: October 31, 2022 Resident Of: Arigam Pulwama
Agency Involved: Indian Police and Army (55RR) Place of Incident: Bandzoo crossing in Pulwama
& CRPF (182Bn) district of South Kashmir
Testimony: On October 31, 2022, Indian Police Date of Incident: December 13, 2022
in Pulwama alongwith Army (55RR) and CRPF Agency Involved: Indian police along with Army
(182Bn) arrested two Kashmiri youth identified (55RR) and CRPF (182/183 BN)
as Adnan Shafi Bhat son of Mohd Shafi Bhat Testimony: On December 13, 2022, Indian police
and Yawar Rashid Sheikh son of Abdul Rashid along with Army (55RR) and CRPF (182/183 BN)
Sheikh.35 conducted a cordon and search operation at
CASE # 19 Bandzoo crossing in Pulwama district of South
Victim Name: Khalid Gul Kashmir. The police arrested a Kashmiri youth
Resident Of: Bakhshiabad identified as Yawar Bashir Dar son of Bashir
Ahmad a resident of Arigam Pulwama. The
Place of Incident: Anantnag district
Kashmiri youth was arrested under charges of
Date of Incident: December 6, 2022
UAPA and FIR 358/2022 was registered against
Agency Involved: Indian police
him in Pulwama police station.38
Testimony: On December 6, 2022, Indian police
arrested a Kashmiri journalist Khalid Gul who
is works with the local news outlet Greater
Kashmir. Gul is the resident of Bakhshiabad area
of Anantnag district of Indian occupied Jammu
and Kashmir. The journalist was arrested upon
highlighting the issues of public importance of
the residents of South Kashmir.36
CASE # 20
Victim Name: Jahangir Ahmad Naikoo S/O
Gh.Mohd Naikoo
Resident Of: Memander Shopian
Place of Incident: Chadoora, Budgam
34 Indian police arrest one youth in Shopian – Kashmir Media Service (kmsnews.org)
35 Police arrest 2 JeM terrorist associates in Pulwama (greaterkashmir.com)
36 https://www.ndtv.com/india-news/journalist-khalid-gul-arrested-from-kashmirs-anantnag-in-2017-case-3583795
37 https://kashmirdespatch.com/police-produces-chargsheet-against-let-militant/
38 https://kashmirage.net/2022/12/13/al-badr-militant-associate-arrested-in-pulwama-say-police/

23
Human Rights Report

CASE # 1 of Bangalore. He left home on November 26,


Victim Name: Bashir Ahmad Mir reached Delhi on November 28 and then left for
Resident Of: Wanpora Gurez, Bandipora Bangalore via train on November 30, 2022. The
Place of Incident: Wanpora Gurez, Bandipora family members lost contact with him after he
Date of Incident: September 25, 2022 reached Bangalore. It is suspected that he might
Agency Involved: Indian police have fallen victim to Hindu extremism.41
Testimony: On September 25, 2022, Indian Police CASE # 4
in North Kashmir’s Bandipora district attached Victim Name: Shahbaz Ahmad Thoker S/O
a residential house of a person namely Bashir Mushtaq Ahmad Thoker Subzar Ahmad Ganie
Ahmad Mir of Wanpora Gurez after obtaining S/O Farooq Ahmad Ganie
sanction from competent authority.. The Resident Of: Waghama and Marhama Halimpora
statement reads that the house was linked to Bijbehara
case FIR No.166/2021 of PS Bandipora U/S 16, Place of Incident: Waghama and Marhama
18, 19, 20, 23, 39 UAPA, 307 IPC, 7/27 IA Act, Halimpora Bijbehara
dated September 26, 2021.39 Date of Incident: December 15, 2022
CASE # 2 Agency Involved: Special Investigation Unit (SIU)
Victim Name: Unidentified persons Testimony: On December 15, 2022, the Special
Place of Incident: Batpora, Kulgam Investigation Unit (SIU) raided two residential
Date of Incident: September 26, 2022 houses of two Kashmiri’s involved in case FIR
Agency Involved: Indian police No. 137/2022 U/S 307 IPC, 7/27 Arms act, 16,
Testimony: On September 26, 2022, Two civilians 18, 20, 38, UA(P) Act registered in Police Station
suffered injuries in a so called search operation Bijbehara. The search operation was conducted
in Batpora area of south Kashmir’s Kulgam in the residential houses of Shahbaz Ahmad
district. The Kashmir zone police tweeted that Thoker S/O Mushtaq Ahmad Thoker Resident of
“01 Army soldier & 02 civilians got injured in an Waghama Bijbehara and Subzar Ahmad Ganie
encounter. All the 03 injured shifted to hospital S/O Farooq Ahmad Ganie Resident of Marhama
for treatment,”40 Halimpora Bijbehara.42

CASE # 3
Victim Name: Aqib Javed
Resident Of: Bijhama, Uri
Place of Incident: Yeshwantpur railway station of
Bangalore, Karnataka
Date of Incident: December 10, 2022
Agency Involved: Unidentified
Testimony: A Kashmiri student, Aqib Javed,
resident of Bijhama, Uri had gone missing
from Yeshwantpur railway station of Bangalore,
Karnataka. According to the family members
Aqib was a student of MVJ College which is
in the Whitefield area of the south Indian city
39 https://thekashmirwalla.com/bandipora-police-attaches-residential-house-for-sheltering-militants/
40 https://thekashmirwalla.com/kulgam-gunfight-army-man-two-civilians-injured-operation-on/
41 https://thekashmiriyat.co.uk/kashmiri-student-goes-missing-in-bangalore-family-seeks-help/
42 http://www.earlytimes.in/newsdet.aspx?q=345765

25
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