250+ activists from across India call for immediate release of Jammu and Kashmir’s environmental defenders

November 13, 2024: More than 250 activists from different parts of India and diverse organisations signed on to a statement initiated by the National Alliance of People’s Movements (NAPM), strongly condemning the arbitrary detention of six social and environmental activists in Jammu & Kashmir, under the Public Safety Act (PSA). The signatories called for their immediate release and withdrawal of cases filed against them, for exercising their legitimate right to raise ecological concerns.

All those detained Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool), Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district and Rehamatullah from Doda District (J&K) were only raising pertinent issues regarding socio-environmental impacts of large projects as well as solid waste management.

Some of the key signatories from over 20+ states, include notable activists, academics, advocates like: Prof. Roop Rekha Verma, Rama Teltumbde, Soumya Dutta, Prof. Manoranjan Mohanty, Prof. Uma Chakravarti, Lalita Ramdas, Kavita Srivastava, Adv Indira Unninayar, Dr. Sandeep Pandey, Elina Horo, Mayalmit Lepcha, Himanshu Thakkar, Anuradha Bhasin, Sheikh Ghulam Rasool, Anmol Ohri, Mohd Ishak, Shamsul Islam, Arun Khote, Anand Patwardhan, John Dayal, Dunu Roy, Dr. Nandita Narrain, Raja Muzaffar Bhatt, Prafulla Samantara, Prof. Padmaja Shaw, Hasina Khan, Ashok Chowdhury, Yash Marwah, Cedric Prakash, Ruchit Asha Kamal, Adv Vinay Sreenivasa, Dr. Gabriele Dieterich, Manshi Asher, Kailash Meena, Suhas Kolhekar, Vidya Dinker, Madhuri, Bittu KR, Bhanu Tatak, AS Vasantha, Prasad Chacko, Adv Vertika, Meera Sanghamitra and many others.

The signatories came out in strong support of the activists stating, “socio-ecological justice activism and raising legitimate concerns should not be mislabeled as “anti-national.  Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues”. Such actions of the State undermine people’s right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes.

It must be emphasised that popular opposition to hydro-power, mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the enviro, socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

An appeal was made both to the newly formed government in Jammu & Kashmir and to the Union Government not to resort to high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way. The signatories hoped that as the 29th United Nations Climate Change Conference at Baku (COP29) is underway, necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

Yesterday, November 12, The Wire had reported that one of those detained, a young activist from Doda, whose detention under the Public Safety Act (PSA) was quashed in 2016 by J&K high court, has again been booked under the controversial law, with his family and a member of J&K legislative assembly alleging that he was targeted by the authorities for his activism. Ironically, Rehamatullah’s detention under the same draconian law was quashed by the HC in 2017. His arrest comes soon after five trade union leaders of Chenab Valley were slapped with the PSA, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

This action comes days after five trade union leaders from the adjoining Kishtwar district of Chenab Valley were slapped with the PSA and taken into preventive custody, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

The controversial legislation, which has been dubbed as a “lawless law” by Amnesty International, has been widely used to silence political dissidents and government critics in Jammu and Kashmir by the Union government after the reading down of Article 370 in 2019, according to free speech activists.

Though the Union territory of Jammu and Kashmir now has an elected government, the police report to the Union ministry of home affairs via the lieutenant governor since the UT government’s limited mandate does not extend to law and order.

‘Sympathiser of militants’

In its latest action on November 9, Rehamatullah, 25, who lives in Dessa Bhatta of Doda, was booked under the PSA on charges of being an alleged “overground worker and sympathiser of militants” who posed a “threat to the security of the state”. The dossier (PSA 02 of 2024) also accused Rehamatullah of being “in continuous touch with ISI/PAK based settled militants”.

However, the five-page dossier, which has been prepared by the Senior Superintendent of Police (Doda) and approved by deputy commissioner Doda Harvinder Singh, does not refer to any formal anti-terror charges under which Rehamatullah has been booked in the past.

The dossier stated that the young activist has been booked in five FIRs (two of them for his speeches, one each for wrongful restraint, abduction and criminal trespass) and he has got bail from the courts in all the cases. It also referred to a Daily Dairy entry (No. 5 of August 2, 2024) against Rehamatullah at Doda police station.

The DD entry accused the young activist of purportedly using VPN for accessing the internet “so that his anti-national activities and his links across the border with PAK/POK based militant cannot be detected”.

“As evident from the above, it can be…concluded that the subject has maintained his links with the PAK/ POK based militants, which may have been used by foreign terrorists in killing defense forces personnel in multiple attacks in the district in the last 6 months. It is clear that the subject…has become a great threat to the security of the State,” the dossier noted.

Rehamatullah is the father of two minor children and the youngest among three siblings.

‘A big scam’

However, Doda MLA and Aam Aadmi Party (AAP) leader, Mehraj Malik sought to link the detention of Rehamatullah under the PSA with a video interview on November 6 in which the activist had accused the Doda deputy commissioner of failing to enforce the rules governing the disposal of solid waste in the town.

Against the backdrop of plumes of smoke rising from mounds of garbage, which he claimed had been set on fire by Doda town’s municipal authorities, Rehamatullah can be heard saying that the unscientific disposal of garbage was causing health issues for the residents. A Solid Waste Management Project was approved by the National Building Construction Corporation Limited in 2008 for Doda to collect garbage from 17 wards of the town and convert it into manure.

“The plant was supposed to minimise the negative impacts of solid waste on environment, quality of life and health. Why is the magistrate not taking suo moto cognisance? Why is the pollution control board and municipality silent? It is a big scam. Crore of rupees are being swindled. The government should look into it,” the activist had asked. In another video on September 16, Rehamatullah can be heard appealing the people to use their democratic right to vote to give a “befitting reply” to the “forces of tyranny” and “those targeting the identity” of Jammu and Kashmir, “I appeal people to throng the polling booths and give a befitting reply to the tyrants by raising the slogan of ‘Inquilab zindabad’,” he said.

Charges against five trade union leaders

The detention of Rehamatullah came days after five trade union leaders in the adjoining Kishtwar district were booked under the PSA amid growing concerns over the environmental degradation caused by the power projects in the district. The detention of the five leaders was condemned by the Peoples Democratic Party president Mehbooba Mufti, among others.

According to reports and several social media posts from journalists and activists in Chenab Valley, which comprises Doda, Kishtwar and Ramban districts, the five detainees had been flagging the issues of environmental degradation, poor compensation and health hazards triggered by pollution due to the ongoing construction of these power projects.

However, the administration has accused the five men of “anti-national activities” and “disturbing public order”. Doda-based journalist and editor of The Chenab Times, Anzer Ayoub said that the fact that the detainees were trade union leaders “is a gross abuse of power.”

The entire statement issued by academics and activists may be read below:

Stop Arbitrary Detentions and Intimidation of Social & Environmental Activists in Jammu & Kashmir

Save Ecology & Uphold Democratic Rights in J&K and entire Himalayan Region Release all detained activists immediately: Withdraw arbitrary cases

The National Alliance of People’s Movements (NAPM), along with other people’s organizations and concerned citizens from across India strongly condemns the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). Those detained under the provisions of J&K Public Safety Act, 1978, include Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district.

The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing several specific concerns about the hydropower projects including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. They also alleged that local houses and properties suffered severe damage due to project-related blasting and that construction work reportedly caused ‘structural integrity issues’ in nearby buildings. It is learnt that 22 other persons have been placed under state ‘surveillance’ and we fear that they may also be subject to arbitrary detention or arrests.

It has also been reported that another young climate activist Rehamatullah (25), from Dessa Bhatta of Doda (J&K), who has been vocal about environmental issues and was actively uncovering a solid waste management scam, has been detained under the Public Safety Act (PSA). His work exposed the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment. These detentions have raised concerns among local communities and environmental organizations, who view it as a suppression of environmental activism and transparency efforts.

We are of the earnest view that the detention of these activists who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, undermine the right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It also represents a troubling misuse of power and a suppression of fundamental rights, which should alarm every citizen who believes in democracy and justice.

The criminalization of activism in Jammu and Kashmir, exemplified by laws such as the Public Safety Act (PSA), has systematically suppressed local voices. We must unite in support of activists, including climate justice activists, and support their well-meaning advocacy efforts in J&K. It is imperative that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must live up to this popular mandate. Even as issues and subjects of federal rights are divided between the Centre and J&K, we expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.

It must be emphasised that popular opposition to hydro-power and mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the environmental and socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mis-labelled as “anti-national.” Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues.

We call for the immediate and unconditional release all detainees and demand that the PSA, other charges against them be withdrawn. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalized. The authorities must instead impartially inquire into the allegations of corruption, ensure participatory socio- environmental impact assessments and prioritize ecological justice. As the 29^th United Nations Climate Change Conference kickstarts at Baku (COP29), we hope necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

List of Signatories