Jammu and Kashmir | SabrangIndia News Related to Human Rights Fri, 23 Jan 2026 12:36:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Jammu and Kashmir | SabrangIndia 32 32 Flip and then a Flop: 50 students of the Vaishno Devi MBBS institute will now be admitted to 7 medical colleges in Jammu, Kashmir https://sabrangindia.in/flip-and-then-a-flop-50-students-of-the-vaishno-devi-mbbs-institute-will-now-be-admitted-to-7-medical-colleges-in-jammu-kashmir/ Fri, 23 Jan 2026 12:36:22 +0000 https://sabrangindia.in/?p=45631 Hours after saying it cannot conduct fresh counselling, the Jammu and Kashmir Board of Professional Entrance Examination (BOPEE) had a change of heart and called students for counselling on January 24; Following nationwide outrage on the original move to cancel admissions, these students will now be adjusted in seven government-run medical colleges across J&K based on NEET-UG merit, their preferences

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In a major relief for the 50 students affected by the revocation of the Shri Mata Vaishno Devi Institute of Medical Excellence, the Jammu and Kashmir Board of Professional Entrance Examinations has now, suddenly and inexplicably, set January 24 as the fresh date for their counselling to adjust them in seven government-run colleges across the Union Territory.

According to a notification uploaded on the board’s website, the 50 supernumerary seats shall be distributed strictly based on the NEET-UG merit of the candidates concerned and their preferences among the seven newly established government medical colleges. The U-turn came after weeks of national outrage when the board had r said it cannot conduct fresh counselling for MBBS admissions and that the allocation of supernumerary seats to those who were admitted to the SMVDIME should be decided at the government level.

This sudden clarification came in a letter to the Union Territory’s health and medical education department, which sought its intervention in the relocation of students of the Shri Mata Vaishno Devi Institute of Medical Excellence (SMVDIME).

Now, the Jammu and Kashmir Board of Professional Entrance Examination (BOPEE) said it will  conduct fresh counselling for the 2025-26 session for the medical students of Shri Mata Vaishno Devi Institute of Medical Excellence (SMVDIME). Students have now been called for their counselling tomorrow, Saturday January 24 reports The Hindistan Times and Indian Express. This is for allotment of colleges across the Valley and Jammu.

The students, it is reported, would now be adjusted in seven government medical colleges of the union territory – three in the Kashmir valley and four in the  province of Jammu. While 22 seats are available spread across Kashmir colleges, 28 students will be adjusted in Jammu.

The National Medical Commission (NMC) had earlier this month withdrawn the permission it had earlier granted to SMVDIME to conduct an MBBS course in the current academic year. This has left 50 MBBS students who joined the institute without a college. Ironically, the NMC had cited deficiencies in college infrastructure and operations; however, the much criticised decision had come in the wake of far right-wing groups protesting against the course’s demography – of the 50 students, 44 were Muslim, and most were from Kashmir.

“That the Board shall conduct the physical round of counselling to accommodate MBBS students of SMVDIME Katra to the Govt. Medical Colleges within the UT of J&K against the supernumerary seats so created,” the BOPEE has now said in a fresh notification.

The notification said that the Health and Medical Education department has conveyed the seat matrix of the 50 supernumerary seats. As per the matrix, seven additional seats each have been allotted in four government medical colleges in Jammu province – GMC Udhampur, GMC Kathua, GMC Rajouri and GMC Doda – while seven additional seats each have been allotted in GMC Baramulla and GMC Handwara. Eight have been allotted in GMC Anantnag. Incidentally, the seven government medical colleges that have been allotted the supernumerary seats have been set up only in the past seven years. The government has not allotted any supernumerary seats in premier institutes like GMC Srinagar, GMC Jammu or the SKIMS Medical College.

Previously, in a communication to the J-K’s Health and Medical Education department dated January 21, BOPEE had said it cannot conduct fresh counselling for the 2025-26 session, and asked the J-K government to admit students to supernumerary seats in other medical colleges “at its own level”. “The creation and allotment of supernumerary seats doesn’t fall within the ambit of BOPEE,” the communication said. The change of stand came within hours. In fact, both communications are dated January 21.

Related:

Partitioned minds, a Saffron Fatwa & Denial of Fair Opportunity: Mata Vaishno Devi University, Jammu

 

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J & K: Attempt to muzzle FoE, Media? Police summons to media, journalists https://sabrangindia.in/j-k-attempt-to-muzzle-foe-media-police-summons-to-media-journalists/ Wed, 21 Jan 2026 05:04:22 +0000 https://sabrangindia.in/?p=45537 The peremptory, even extra-legal summons to four journalists from national publications has drawn outrage; the repressive action, clearly an action of intimidation, is aimed at those who have reported on a controversial move by the J & K administration and police to collect information on Mosques etc in the union territory

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At least four reporters working for major national publications have been summoned by police in Jammu and Kashmir, Scroll has learned. The Wire also put out an extensive report that may be read here. One of the four journalists so summoned is a senior journalist with The Indian Express, Bashaarat Masood, a person familiar with the development told Scroll.

Masood had recently reported on a controversial police drive to collect information on mosques and mosque officials in Kashmir. He was asked to sign a bond, stating that he would not do anything to disturb peace in the union territory, the person said. Interestingly, the police action is not based on a formal first information report, but is being carried out under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, the person said.

The provision allows an executive magistrate to pre-emptively seek bonds from people “likely to commit a breach of peace”. Government officials can invoke this section merely on the basis of information they have received about individuals.

Senior journalist Nirupama Subramaniam, on January 19, Monday commented sharply on the developments on social media

 

Reportedly, an Indian Express spokesperson confirmed to the media that Masood had been called to the police station. “Bashaarat Masood, Assistant Editor, and a member of the Srinagar bureau of The Indian Express since 2006, was called on four days to the Cyber Police Station, Srinagar, and asked to sign a bond which he has not signed,” the spokesperson said. “The Indian Express is committed to doing what is necessary to uphold and protect the rights and dignity of its journalists.”

Scroll also contacted the senior superintendent of Srinagar police, asking about the reasons for summoning journalists and asking them to sign the bonds. The official did not respond to our calls and messages. This story will be updated if he responds.

The police summons

It was on the evening of January 14, Masood first received a phone call from the cyber police in Srinagar, asking him to come to the police station the next afternoon, according to the person familiar with the events that followed. As he got there, he was made to wait for nearly three hours after which a police officer asked him to come back the following day. The officer assured Masood that he would only have to spend half an hour at the police station the next time he came. However, the senior journalist ended up spending the whole of Friday and Saturday running from one government office to another.

Masood was reportedly first sent to the deputy commissioner’s office from the police station, where he was asked to sign a Section 126 bond. The police officials were unwilling to provide reasons for their demand, said the person. When Masood refused to comply, a police official told him that he would then have to go to Srinagar central jail.

From the deputy commissioner’s office, the journalist was sent back to the police station. There, one of the officers told him that he was being asked to sign the bond because of a story he had written on the political reaction to the police drive in mosques in Kashmir.

On Monday afternoon, he was called in again, the fourth day he had been forced to turn up at the police station. This time, though, the police did not keep him at the station for very long. The three other journalists got similar summons. One of them was out of Srinagar when he got a call from a police official, asking him to come in. None of the other journalists have, as of yet, reported to the police station.

‘Serious attack on press freedom,’

The four journalists summoned had reported on the political reaction to the Jammu and Kashmir police’s drive to collect information on mosques, which has been the subject of much controversy over the past week in Kashmir.

Police officials are reportedly distributing copies of a four-page form to mosques in the Muslim-majority region. The form seeks extensive information pertaining to the family background and financial details of those involved in the upkeep of the places of worship.

The exercise has drawn fire from Kashmiri politicians cutting across party lines as well as prominent religious organisations, who argue that this goes beyond looking into the legal status of mosques.

Indian Express also reported that J&K Director General of Police Nalin Prabhat was not available for comment. Another officer, who did not wish to be named, told the newspaper that the police called him following his news report about the police distributing a four-page document to all mosques in the Kashmir valley and seeking detailed information about their budget, funding sources, and management committees.

Masood has been a member of the Srinagar Bureau of The Indian Express since 2006. “His work over the last two decades speaks for itself. He has not signed the bond as asked by the police. The Indian Express is committed to doing what is necessary to uphold and protect the rights and dignity of its journalists,” said Raj Kamal Jha, Chief Editor, The Indian Express as quoted in the newspaper.

Related:

Interim bail to Gujarat journalist Mahesh Langa: SC

“This system breaks the body when it cannot break the spirit” — Ipsa Shatakshi on her jailed husband, journalist Rupesh Kumar Singh

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Partitioned minds, a Saffron Fatwa & Denial of Fair Opportunity: Mata Vaishno Devi University, Jammu https://sabrangindia.in/partitioned-minds-a-saffron-fatwa-denial-of-fair-opportunity-mata-vaishno-devi-university-jammu/ Fri, 09 Jan 2026 13:05:24 +0000 https://sabrangindia.in/?p=45416 Each time, or several times in the past eleven plus years, incident after incident, brazen, bloody and discriminatory slips us lower into the abyss; the latest but sadly not the last is what transpired just this week at the Mata Vaishno Devi University, Jammu

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The eleventh month of 2025 saw a distasteful and prejudicial agitation brazenly launched by the Shri Mata Vaishno Devi Sangharsh Samiti against 42 Muslim students, mostly from Kashmir, who, on merit, after meeting NEET score requirements in the central examination, got admission to a medical college in Katra, Jammu! The New Year, January 7, saw one more Indian institution succumb to a brute majoritarian agenda. The National Medical Commission simply cancelled permission for the MBBS course that it had granted the institution just four months ago.

Why the agitation at all? Because. Because. How can Muslim students –that too 42 of the 50 admissions!–study in a college bearing this name! On streets, within official corridors, the voices were shrill and focussed, cancel these admissions, No Muslims in this “Holy Medical College!” they said.

A strident and crude local unit of the Bharatiya Janata Party (BJP) joined in as part of a neatly scripted plan, visible, vocal and crass pitching its demand to snatch away legitimately procured admission and ensure that ‘only Hindus’ study in that medical college since the Jammu-based medical institute funded by Mata Vaishno Devi Shrine Board! The BJP also sought the L-G’s intervention to reserve all the seats at the varsity for Hindus because “it has come up over donations of Hindu devotees”. Only seven Hindus had made it past the test in a batch of 50. The fact that this august institution, had also been funded by public money from the state exchequer, Rs 24 crores last year and Rs 28 crores this year was immaterial to the protestors drunk on prejudice and power.

The agitation that had been launched in late November 2025–as visible on the streets as on social media was backed by the Lieutenant Governor Manoj Sinha— who responded, we are reportedly told—and ensured that the “National Medical Commission” issued a saffron fatwa to the Shri Mata Vaishno Devi Institute of Medical Excellence (SMVDIME). Following a hasty inspection carried out on site four days prior (around January 4), orders were given to “shut down” the MBBS Course for which, after due process, permission had been granted four months ago.On January 6, 2026, the NMC’s Medical Assessment and Rating Board withdrew the Letter of Permission granted to the varsity for running the MBBS course with 50 seats for the academic year 2025-26. No show-cause notice was given to the college, there is no room for appeal or due process.

Do we not believe in instant (in) justice in this version of a Hindu rashtra?

The turnaround intervention by the NMC, guided, is not only a tale of gross violation of fundamental rights of equality and non-discrimination enshrined in the Constitution. Worse or as bad is how openly credits were distributed by the victorious. The Hindu reported on January 7, how members of the Sangarsh Samiti in Jammu distributed sweets and played loud music to celebrate the “victory” of their agitation, which began on November 22, 2025 precisely.  These images were played out on the ever visible and intrusive social media too. “We have come to celebrate the victory of our agitation. We especially thank the Union Home Minister and Health Minister for respecting our sentiments. We believe the decision took longer because of the legal process. We also thank the prominent personalities who joined us in our protests,” convener of the Sangarsh Samiti Sukhvir Mankotia is reported to have said.

Moreover, what does this means for the region? Kashmir, Ladhakh and Jammu have seen and witnessed multiple levels and layers of betrayals by the Indian state and officialdom. This latest is, above all else, an abdication of this government’s own hollow promises and rhetoric that it has used since the abrogation of Article 370 in August 2019. Any efforts at return to participative, representative rights-based citizenship by Kashmiris is thwarted by a prejudiced and exclusivist governance by the centre’s representatives and other institutions influenced by the Centre. This augurs ill on principle and also in terms of the social peace of the state and region given the overall fragility of the Valley and Jammu.

Alienation has been the tale that most Kashmiris grow up with, real, not imagined. When 42 students pass a gruelling NEET test for the MBBS Course and are told –after they are horrifyingly witness to crude slogans of protests and shoddy dances of victory in the streets–that they cannot exercise their Right to Education (now a fundamental right under article 21a of the Constitution) because of the colour of their faith, and because they are Kashmiris, it is not only alienation that they will once again have been forced to feel. There will be anger too.

Today the NMC justifies its unjustifiable step citing ‘shortage of teachers/tutors, lecture theatres and library resources’, unconvincing as an argument as all these facilities had been scrutinized and passed when permission was obtained four months ago. Key to the inevitable fallout out is whether out of any last grain of shame, the SMVDIME will appeal the NMC’s unjust scrapping of its MBBS permission in court and fight on constitutional principle. If this college succumbs, as have others to the might of a majoritarian agenda, we can again say with bitter conviction that India is now almost completely deep down into an abyss of its own making!

Related:

Racist, casteist and communal, when will we as Indians reclaim that lost charade of constitutional decency?

Is India’s unique experiment on people’s democracy with the right to universal franchise being lampooned by a compliant Election Commission?

When the state turns rogue even protests dry up, Salutes & Apologies Professor Saibaba!

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20 years of FRA 2006, J and K appoints Tribal Ministry as Nodal agency https://sabrangindia.in/20-years-of-fra-2006-j-and-k-appoints-tribal-ministry-as-nodal-agency/ Tue, 16 Dec 2025 10:46:29 +0000 https://sabrangindia.in/?p=45034 Despite the Union government’s tardy approach since the passage of the historic Forest Rights Act in 2006, states such as Jammu and Kashmir are now taking the lead in securing indigenous land rights. Groups including the Wullar Bachav Front and the All India Union of Forest Working Peoples (AIUWFP) have been engaging with the state administration on the issue

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The December 12, 2025 decision by the Government of Jammu & Kashmir to entrust the Tribal Affairs Department with the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, covered under Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DAJGUA) has been widely welcomes by Adivasi Unions and campaigners. Statements issued by the AIUWFP and the Campaign for Survival and Dignity have stated that it is hoped that this step will lead to greater awareness among local communities and ensure that the justice envisioned under the Act is finally delivered. After the introduction of the Forest Rights Bill on December 13, 2005 in the Lok Sabha, it took almost twenty years, just before the anniversary of the Forest Rights Act (FRA), 2006, for the Government of Jammu & Kashmir designated the Tribal Affairs Department as the Nodal Department for its implementation.

December 13, 2025 also marks two decades (twenty years) of the passage of this historic law that was enacted after nearly a decade or more campaign by forest rights’ and Adivasi groups across the country. On this occasion of the 20th Anniversary of the Forest Rights Act, national campaign coordination organisations (like NRCCJ) have extended extend our heartfelt appreciation to all those, including, parliamentarians, intellectuals, and organisations whose collective efforts made this landmark legislation possible. The Act stands as a historic step to redress past injustices and to democratize forest governance and management, ensuring dignity, rights, and justice for forest-dwelling communities.

The FRA 2006 formally came into force on December 31, 2007, but initially excluded Jammu & Kashmir. Following the abrogation of Article 370, the Act was extended to the Union Territory on October 31, 2019 through the J&K Reorganisation Act, 2019. Formal implementation began in September 2021, and the State Forest Department was designated as the nodal agency. While the extension of the Act was welcomed by local groups and intellectuals, concerns were raised about entrusting implementation to the Forest Department, given its questionable historical role in restricting customary and traditional rights of forest dwellers.

Union of India’s contradictory stances over two decades

To recall these contradictory pulls, when the Government of India was drafting legislation to recognise tribal forest rights, the Ministry of Environment, Forests and Climate Change made several attempts to be the nodal ministry. However, the Campaign for Survival and Dignity—a coalition of tribal groups and intellectuals—strongly opposed this, arguing that a ministry associated with past injustices should not oversee the Act. Their advocacy led to the Ministry of Tribal Affairs (MoTA) being designated as the nodal ministry in 2006, through amendments to the Government of India (Allocation of Business) Rules, 1961.

Despite this, in many states and UTs, Forest Departments continued to act as shadow nodal agencies. The consequences have been stark:

  • Out of 4.79 million Individual Forest Rights (IFR) claims, 1.47 million were rejected.
  • For Community Forest Rights (CFR), the rejection rate stands at 9.56%, with states like Uttarakhand and West Bengal recording rejection rates above 90%.
  • In states/UTs including Jammu & Kashmir, Uttarakhand, Uttar Pradesh, West Bengal, Rajasthan, Karnataka, Bihar, and Madhya Pradesh, more than 50% of IFR claims have been rejected.

These figures highlight how the lack of awareness has enabled Forest Departments to dismiss or dilute claims, undermining the spirit of the Act.

In this context on the twenty years anniversary of this historic law, these steps by administration’s like Jammu and Kashmir (J and K) remain significant.

The Notification by the J and K administration may be read here

 

Letter dated December 3, 2025 by AIUWFP to District Magistrate Ms.Indu Kanwal Chib, District Bandipora J&K regarding the Implementation of Forest Rights Act in District Bandipora J&K may be read here. (https://dipr.jk.gov.in/Prnv?n=21737)

Related:

AIUFWP helps Dudhi villagers file Forest Land Claims under FRA

Forest Land Claims filed in Chitrakoot: AIUFWP and CJP make history!

Struggle for Forest Rights in India stretches from East to West

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Pervasive fear, surveillance of media, spiral of anti-India sentiment in Kashmir: CCG https://sabrangindia.in/pervasive-fear-surveillance-of-media-spiral-of-anti-india-sentiment-in-kashmir-ccg/ Thu, 11 Dec 2025 11:50:06 +0000 https://sabrangindia.in/?p=44928 Concerned Citizens’ Group (CCG) –a voluntary initiative set up in 2016--on its eleventh visit to Kashmir and Jammu, from October 28 to 31, 2025 and meetings with political actors, businessmen, teachers and other professionals apart from activists has released its report recently

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The Concerned Citizens’ Group (CCG), set up in 2016, visited the Kashmir Valley and Jammu between October 28-31, 2025 with four of its members Yashwant Sinha (former External Affairs Minister of India), Sushobha Barve (Executive Secretary, Centre for Dialogue and Reconciliation, Delhi), Air Vice Marshal (Retd.) Kapil Kak and Bharat Bhushan (former editor and independent journalist) undertook this visit. Wajahat Habibullah (Former Chairman of the Minorities Commission and the first Chief Information Commissioner of India), could not join because of pressing personal reasons. This was its eleventh visit since it was established as a voluntary group by its members in the wake of the protests that erupted in J&K in October 2016. The main objective of the CCG is to act as a bridge between the people of J&K and the rest of the country by assessing the mood of the people of the region and trying to make fellow citizens in India aware of their sentiment. The CCG is self-financed and is not an activist group and it seeks do nothing more than increasing awareness of how the citizens in J&K think.

This CCG visit came in the wake of the Union Territory legislative assembly elections and Operation Sindoor which followed a terrorist attack at Pahalgam, and the havoc caused by the heavy rains, floods, landslides in Jammu division but also in Kashmir. These major significant incidents that followed one after the other have taken a huge psychological and economic toll on people and communities in both regions of Jammu-Kashmir. The visit also came at a time when the statehood promised by the Centre at an “appropriate time” still seemed a distant dream despite an elected government, albeit a non-Bhartiya Janata Party led one, in place and dyarchy continued to prevail in Jammu and Kashmir — the chief minister still did not enjoy full powers and the Lieutenant Governor controlled much of the administrative and law and order structure.

During its most recent visit, the CCG members met leaders of political parties (including former Chief Minister Farooq Abdullah, current Chief Minister Omar Abdullah and Deputy Chief Minister Surinder Kumar Choudhary of the National Conference, Mohammad Yusuf Tarigami of the Communist Party of India (Marxist),Tariq Hamid Karra President of the J&K State Pradesh Congress Committee, G. A. Mir, Secretary General and Nizam Uddin Bhat, Congress MLA and chief whip from Bandipora, Kashmir’s foremost religious cleric and political leader Mirwaiz Umar Farooq, Kashmiri Pandit leader Sanjay Ticku, civil society leaders, representatives of the Kashmir Chamber of Commerce and Industry, student activists from the J&K Students’ Association and journalists.

In sum, the CCG after its end October 2025 visit found that the situation on the ground, especially in the Kashmir Valley is much farther from the truth than the one presented by the Government of India or its media in Delhi.

Sullen Silence, Building anti-India sentiment

From the Jammu-Kashmir Report of the CCG:

The overwhelming sense in Srinagar was that of sullen silence. During the meetings with all those that the CCG met from civil society, they realised that the alienation had deepened, resentment and anger against the Central Government had increased but it was also partly directed now against the popularly elected Omar Abdullah government.

Different sections of Kashmiri society seemed angry over different issues. The student community was upset over the new reservation policy (which the present government had inherited) as that had reduced the general category reservation in higher educational institutions. People were also upset over the issues of the introduction of electricity metres and the non-restoration of Statehood.

When members of the CCG asked whether installing electricity metres was not a good measure, a senior Kashmiri retorted, “Sure but at least give us electricity. We are paying high electricity bills without uninterrupted electricity supply. These meters were supposed to prevent interruptions. Why are we paying such high bills when we produce hydro power here and yet have long hours of power cuts.”

This anger against the Abdullah government at times, stated the CCG report, seemed misplaced. In the last six months the local government has faced the war that caused casualties in the border areas and destruction of nearly 850 houses in Poonch district alone. Then there were unprecedented natural calamities. The Chief Minister was seen in the media visiting every disaster hit area within hours, inspecting the damage caused, giving instructions to the local civil authorities for steps to be taken to rescue victims to safer places, and providing shelter and compensation and meeting victims.

This year’s natural calamity, a result of climate change and possibly a recurring feature in the near future, is much discussed in both the regions of the UT. The road widening projects, reckless cutting down of trees and blasting of mountainsides was blamed for the landslides, mudslides and roads being washed away in Jammu region. There are, however, no signs yet of this emerging public concern converting itself into sustained civil society movement pushing for government action for mitigation of climate change impact.

Crucially, there is a pervading fear of voicing any dissenting views or opinions by civil society members. Repression by the police on this front is real that does not spare public intellectuals, media persons and others.

Meanwhile, anti-India sentiment is spreading widely. Public sentiment that had largely turned away from Pakistan has shifted since Operation Sindoor, we were told. While militancy remains at a slow burn, a churning among youth seems to be motivating them to enter spaces of greater radicalisation, possibly supported by forces across the Line of Control.

“We have been silenced”, said a prominent doctor of Srinagar speaking to members of the CCG, “But the eerie silence does not mean all is hunky-dory.” The volcano of suppressed anger and frustration bordering on hatred could erupt any time, he felt as “all it needs is a trigger.”

A retired professor claimed that there was “no protection for Kashmiri identity today” and on top that there was a sense of economic disempowerment. Another prominent civil society member claimed, “We Kashmiris are rebuked and abused at every occasion. The national media plays dirty and projects all Kashmiris as villains.” He also objected to the concert of Bollywood singer Sonu Nigam, which was only attended “by security personnel and their families” as ordinary Kashmiris boycotted it. “He reportedly has problems with the call for prayer, Azaan. He was sponsored by a corporate TV channel close to the government and people saw it as cultural invasion. We have our own cultural traditions. We don’t need people like him.”

The dominant civil society view –states the CCG report–was that India was moving towards majoritarian rule under the Bharatiya Janata Party (BJP). “We oppose the BJP because of what it is doing to the Constitution of India. We are dedicated to the Constitution because it gives us our rights as citizens of India. Our loyalty is to the Constitution and not to any political party,” a prominent civil society leader said.

Another public intellectual, a prominent academic, recalled that “Sheikh Abdullah agreed to join Nehru’s India but wondered quite often what might happen if Hindu majoritarianism came to power in India” suggesting that that scenario had come true. This was not the India, Sheikh Abdullah and the Kashmiris had joined, “As a Muslim in India today I am denigrated by those with a Hindu majoritarian mindset,” he claimed.

He went on to say, “nobody here talks of India’s need to engage with Pakistan. That is for the Indian state to figure out. Nor are we in a position to say what kind of dialogue should be held with those Kashmiris who are in jail. But we had an identity as Kashmiris. That was a protection against Pakistan’s designs on Kashmir. And now even that has been taken away.”

People were apprehensive about the constant anti-Pakistan statements by the senior ministers of the Modi Government and repeated visits of senior Army officers to the border areas.

Others told us that the lack of jobs, uncertainty about the future, general societal anger and alienation were producing two types of negative reactions in some of the youth: they are either turning to drugs or, increasingly, towards radicalisation. Both these trends worry the Kashmiris who feel that they are destructive for the Kashmiri society. However, they also feel helpless over how to address these negative trends.

A senior editor said, “This silence of the Kashmiri society is unsustainable. It has to explode and we cannot say anything about its timing. But when it does, it would be dangerous.”

A political leader sensing the mood at Ground Zero warned the CCG team, “Kuch bada hone wala hai (something ‘big’ is going to happen)”. One had heard the same apprehension in August. Was it a foreboding of the horrific terrorist attack of November 10 that took place after our Group returned and smothered 11 innocent lives? One does not know.

1. Overall political situation

From the CCG Report: A year after the National Conference led alliance won AN overwhelming majority in the 2024 Assembly elections and Omar Abdullah Government was sworn in, the government is struggling. The public is unhappy that the promises made to the electorate are not being fulfilled fast enough.

However, Omar Abdullah also presides over a powerless government. He is not able to take any major decisions, as most of the decision-making powers are with the Lieutenant Governor, including appointments of civil servants and police officers. All this is only adding to the people’s frustrations. People are resentful that hardly any Kashmiri Officers are posted as administrative heads at the districts and are effectively sidelined. The officers from outside the UT, they claim, neither understand the language nor the local situation, resulting in a gap in public connect.

The internal strain within the National Conference and disagreement between the Chief Minister and the party’s very popular Lok Sabha member from Budgam are played out publicly. This is having its negative fallout as both sides have hardened their respective stands over issues which has now turned into personal battle. As a result of this, there was public perception that National Conference would lose the by-election in Budgam constituency, which was vacated by Omar Abdullah. (The NC lost the election and PDP won it, giving the latter much needed boost).

There is speculation in a section of the public that the National Conference’s Budgam MP is being instigated to weaken the National Conference and eventually destabilize Omar Abdullah government. However, there seems TO BE no evidence to support such a claim.

The Rajya Sabha elections for the four J&K seats that took place just before CCG’s visit, showed how skilfully the BJP managed to get the four extra votes, above its number of MLAs, in the Legislative Assembly. These elections have also widened the fissures between the governing alliance partners – the National Conference and the Congress. Each side holds the other responsible for this.

Former CM, Mehbooba Mufti is slowly growing in strength politically. She is raising issues that are of people’s concerns, holding demonstrations on different issues that are agitating the public. Recently she had filed a PIL in J&K High Court regarding those held for several years without trial in jails in different parts of the country, demanding that they be shifted to local jails as most families were unable to visit them due to lack of financial resources. She was herself present in the court for the hearing. This has struck a positive chord with the public as this has been a major issue of concern among the Kashmiris since 2019.

This issue of young people in prisons as well AS political leaders who are imprisoned since 2019, was also raised by Mirwaiz Umar Farooq during his meeting with our group. He told us that many parents come to him pleading that something be done to have their sons released from jails.

The Mirwaiz also told us about the kind of intimidation and surveillance he faces. Sometimes the senior cleric is allowed to give Friday sermons and then suddenly prevented from going to Jama Masjid for weeks without any reason. He is asked to show written text of his Friday sermons the night before for scrutiny. He is also asked to show his appointments for conducting marriages and even the Nikah Namas to the police.

The government, however, did allow him to go to Delhi to depose before the Joint Parliamentary Committee on the Waqf Bill. During the visit he met people in Delhi and had hoped that some political process would be initiated. He is a strong advocate of dialogue between Delhi and Srinagar and also feels that the tensions between India-Pakistan can be addressed through dialogue as lack of diplomatic relations was having a negative impact on the ground. He told us he was willing to play his part in this process, as he had done earlier.

One of the promises that were fulfilled by the Abdullah government was the Darbar Move for six months to Jammu. On November 1, government offices shifted to Jammu. This was in response to the demands of the Jammu public to bring the government closer to them, as well as bring the Kashmiris and Jammuites closer and allow greater economic interaction between the small traders and businessmen of the two regions. However, this alone was unlikely to overcome the sentiments of the Hindus of Jammu. Since the Assembly elections polarization has increased in Jammu plains against Muslims of Kashmir Valley. There are isolated incidents of social boycott of Muslims in the outskirts of Jammu city and in rural pockets. For the first time Jammu city saw war come close to them during Op Sindoor. Many Hindus migrated from Jammu city during the short war to neighbouring Himachal or Delhi. Some have even bought properties there. One public intellectual said, “We in Jammu also feel like an occupied colony. We are nowhere in the scheme of things. Only Kashmir is talked about”. Anger and alienation against New Delhi seem to be building up AMONGST Jammu’s Hindus too.

2. Statehood denial and its implications

From the CCG Report: Resentment on the non- restoration of statehood continues to be massive and overwhelming. Our Group witnessed at first hand the anger, frustration and disillusionment on this issue during our interactions with members of civil society, trade and industry representatives, businessmen, educationists, media-persons and Kashmiri Pandit leaders among others. While statehood is a significant and serious issue in the Valley, our Group learned that the Jammu region also continues to nurse anger over the loss of statehood and many related issues impacting them post-2019.

A senior political leader indicated the “root-cause” of the statehood denial to J&K saying, “Elections happened but the results were not to the expectations of the BJP government at the Centre. They could not get a BJP-led or a BJP-dependent government in Srinagar. It has been a year since the popular protest mandate given to Omar Abdullah. But the Centre has not been able to digest it.”

At the CCG meeting with Farooq Abdullah, President of the ruling National Conference (NC), Chief Minister (CM) Omar Abdullah, Deputy CM Surinder Choudhary, Lok Sabha MP Gurvinder Singh ‘Shammi’ Oberoi and Political Advisor to CM Nasir Wani were present among others. The double whammy of denial of statehood and existential diarchy and its consequential impact came out in bold relief during the discussions.

Terming himself as “half a CM”, despite having an overwhelming public mandate (41 out of 47 seats in the Valley and absolute majority in the J&K UT Assembly), Omar Abdullah lamented that in the prevalent diarchy–a sharp democratic regress–the Lt Governor exercises meaningful and effective power while he and his elected government are helpless in meeting peoples’ needs, address their grievances and strive to fulfil their aspirations. The existential structure of governance, it is useful to recall, resembles the colonial-type diarchy of 1919-1920 under which the British denied political power to elected governments of states in India by implementing strict repressive measures.

A young professional speaking to the CCG, averred: Kashmir is a colony of the Viceroy; the elected government is seen as completely toothless. It is the civil bureaucracy that exercises vast untrammelled power on behalf of the LG. In such a scenario people gravitate towards civil servants for their needs and grievances in effect bypassing the Cabinet Ministers they elected.

In its first sitting in October 2024, the newly elected Assembly had passed a resolution for speedy restoration of statehood. But even after over a year there has been no progress. A degree of political engagement by the Centre of people across multi-dimensional vectors would have calmed matters somewhat. The need for restoration of statehood on an urgent basis was also conveyed to us during our meetings with Mirwaiz Umar Farooq, Hurriyat leader and Kashmir Valley’s Chief Cleric, Tariq Hameed Karra, President J&K Congress and its Secretary General GA Mir and Chief Whip Nizamuddin Bhat, NC’s Lok Sabha MP Syed Ruhullah, CPI (M) leader MY Tarigami and others. It hardly merits emphasis that non-restoration of statehood means the Human Rights Commission, Consumer Commission and appellate authorities—that routinely operate in a state—cannot function in a UT, leading to denial of redressal mechanisms to people in J&K who are already indignant and feel disempowered and alienated.

During the several conversations that visiting members of the CCG had with cross sections of society, A deep sense of loss felt by people of Kashmir—of identity, sub-identity, dignity and honour—found repeated mention. Exasperation and estrangement emanating from the humiliating nullification of Article 370, Article 35A and bifurcation of J&K into two UTs still persist. These hurt sentiments, sections of political leadership and civil society told our group, have compounded distrust towards the Centre with the non-restoration of statehood fanning the bitterness and feeling of political neglect even more. Omar Abdullah was forthright and categorical: no political entity, not least leaders of non-BJP parties in the rest of India have any sympathy and concern for the people of J&K. As to the ruling dispensation—aside from not fulfilling the promise of restoration of statehood made repeatedly by the Prime Minister and the Home Minister over the last seven years—when did it last convene an All-Party meeting on the situation in J&K?

During discussions, a view was expressed that the J&K Reorganisation Act (2019) provided the BJP ideology an opportunity to leverage the UT status of J&K not only to impose repressive policies but also initiate attempts to cobble together a BJP-led government. In such a situation, restoration of statehood would have found greater traction at the Centre. But with the Assembly elections putting paid to such a prospect, chances of early restoration are remote. A leading politician also ascribed the delay to the huge disconnect between Kashmir and its understanding in the rest of India.

It would be useful to recall that in the Supreme Court’s verdict on Article 370 petitions, the Bench said it would not adjudicate on the issue (of demoting and bifurcating an existing state into two UTs) because the Solicitor General had assured it that statehood would be restored. Significantly, in a separate note attached to the SC’s 370 judgement, Justice Sanjiv Khanna (who later became the Chief Justice of India) had stated that the demotion of a state to two UTs was “unconstitutional and should be summarily reversed.” It is this assertion that has sought to reinforce the views of the many we met that the reversal must happen without further delay.

When some petitioners that included Air Vice Marshal Kapil Kak (retd) a member of our Group moved the Supreme Court again for fulfilment of the promise of restoration of statehood to J&K, the Court made oral observations that what happened in Pahalgam (April 22, 2025 terror attack) cannot be ignored. The alleged Red Fort terrorist attack of November10 (after our Group returned from Kashmir) may serve to further dissuade the Supreme Court. But it must render justice on the issue strictly on legal merits and not allow Pahalgam and now Red Fort terror attacks overshadow the urgent need for restoration of statehood to Jammu and Kashmir.

3. Reservations time-bomb

From the CCG Report: The youngsters of Kashmir are upset with the reservations policy in the UT and they are demanding ‘rationalisation’ of the policy – reservation according to a community’s share in the population. What seems to have upset them most is that the additional 10% reservation given to the Pahari community by the Bharatiya Janata Party (BJP) government at the Centre which cuts into the share of the general category.

Overall reservations in J&K have, therefore, gone up to nearly 60%, the highest in the country when the broad Constitutional limit is 50%.

The formal reservation structure in J&K is as follows: Open Merit 50%; Scheduled castes 8%; Scheduled Tribes 20% (used to be 10% but Paharis have been given 10% ST reservation as well); Socially and economically backward classes 22% (residents of backward areas 10%; residents of areas adjoining Line of Actual Control/international border 4%, other OBCs 8%); horizontal reservations 6% (Children of defence personnel 3%, children of paramilitary and police personnel 1%, candidates possessing outstanding proficiency in sports 2% 0; and economically weaker sections (EWS) 10%.

However, since the horizontal reservations (defence, police, paramilitary and sports quota) and the EWS quota are from the Open Merit category, the effective reservation in that Open Merit category goes down.

The J&K Students’ Association which has been spearheading the demand that reservations be rationalised argues, “Reservations should be based on population ratios. According to the 2011 census, 69% of the Jammu and Kashmir population falls under the general category, yet the opportunities for open merit have been shrinking.” Therefore nearly 70% of the population competes for less than 40% of the job opportunities because of the expanded reservation quotas.

The immediate provocation for the students’ demand for rationalisation of reservations is the 10% ST reservation given to the Pahari speaking people of Jammu. While they clarify that they have got nothing against the Pahari community, they are against ST status being given for the first time in India on linguistic basis to Pahari speakers. “It was an appeasement measure. The BJP hoped that the Pahari community would vote for it if it were given ST reservation but that did not happen in the assembly election,” a student leader said.

The student leaders said that the ST reservation was given to the Pahari community by an Act of Parliament. “However, we are making a demand on the state government to rationalise the reservation issues which are in their domain. For example, looking at the definition of creamy layer, regional distribution of reservations, making EWS reservations J&K specific, and re-examining whether Reservation for Backward Areas makes any sense or needs to be scrapped when all the areas of J&K are well connected through road and other infrastructure.”

CCG Report:

The students feel that an overwhelming majority of the reservations have gone to Jammu and “Kashmir is proportionately discriminated against.”  According to figures provided by the state’s minister for revenue in the UT assembly on October 27, in the last two years, of the reservation certificates issued Jammu residents received 99% of the SC, 87% of the ST, 57% of OBC, 88% of EWS, 32% of Resident of Backward Area (RBA), 85% of resident of Actual Line of Control and 100% of “other” category certificates.

Except in the case of RBA category, Jammu seems to have been the overwhelming beneficiary of reservation certificates issued in the last two years, underlining the deep regional imbalance that is emerging. This data is bound to reignite the debate on the new reservation policy and further fuel the anger of the students. The issue is already being agitated in the J&K High Court and the students have as yet put forward their demands peacefully without taking to the streets.

The J&K government did set up a three-member House Committee to look into the reservations issue and its report, accepted by the government, is now laying with the Lt. Governor’s office. The students are not happy with the Committee which apparently did not organise stakeholder consultations before finalising its report and has only members from the ST community. “So, how can we expect any justice from it?” asked a student leader. However, the details of the report are not as yet in the public domain and therefore its recommendations are purely in the domain of speculation as of now.

The students, meanwhile, demand that, among other things, the government rationalise EWS eligibility to reflect ground realities and make it less urban-centric, re-classify backward area designation, periodic review of the reservations policy every five years, eliminate ‘politically motivated’ and arbitrary inclusion in reservation lists, create a unified Backward Classes Commission for J&K, and protect the rights of the Open Merit (general) category.

However, Kashmiri students are not the only ones agitated about the reservations issue.

The 1947-48 Hindu refugees of Poonch districts now settled in Jammu are not included in the Pahari reservation although they are Pahari and Pahari-speaking. This group has a grievance that they have been arbitrarily excluded. Similarly, the Pahari-speakers of Ramban district have been excluded while reservation applies to the adjoining Poonch and Rajouri districts.

N.B.: The Gujjars who were angry and protested when Pahari reservation was announced have now calmed down as their 10% reservation is intact and not affected by the new reserved category. However, there is anger among them as the Indian Administrative Service and Kashmir Administrative Service Gujjar officers have allegedly been sidelined completely and are not in positions of decision making, not dissimilar to many Kashmiri officers. A Gujjar public intellectual said that one would not find any Gujjar even as SHO in the 10 districts of Jammu division. According to him, this is not just creating disquiet but also building up anger in the community. Gujjars point out that as Indian nationalists they have played a significant role in defending border areas. But are now sidelined. They feel alienated and this will have an impact on the security situation.

4. Media continues to be under threat

From the CCG Report: Contrary to expectations, despite the UT assembly elections of 2024, there has been no meaningful restoration of media autonomy. Ongoing censorship, surveillance and intimidation of media practitioners continues, restricting media freedom severely.

Although internet shutdown is now infrequent, harassment of journalists, revocation of press credentials and pressure to publish administration friendly narratives continue. Operation Sindoor placed severe restrictions on media reportage and most Kashmiri journalists were not able to report about the developments on the ground. Some were summoned by the police about their attempts to report. Reports that had been filed were pulled down under pressure because it went against the government’s narrative. Things, however, seem to have eased a bit in the last three months, journalists claim.

The head of Directorate of Information and Public Relations (DIPR) has been given additional charge in the Raj Bhavan (Lt. Governor’s residence) and he sits there. This, journalists claim, shifts the media control to the Lt. Governor’s office, which already has a media adviser, who has gained notoriety for capricious decisions about giving out government ads to selected news platforms and denying it to others. Media accreditation has been denied to prominent national publications like the Times of India, Economic Times, NDTV and The Hindu. The media accreditation of the Economic Times was inexplicably revoked.

Journalists are denied press passes even for covering the legislative assembly proceedings on the whims of the powers that be. Journalists in Kashmir complain that by not allowing them to cover public events organised by the government is akin to deliberately sabotaging their careers.

Meanwhile, the J&K administration has introduced a new verification process to identify “real” journalists by asking for submission of salary slips as well as detailed background information from those who want to be included in the list of “bona fide” media professionals.

In a directive issued on October 31, the District Information Officers have been instructed to collect the background information of the media personnel operating in their jurisdiction, request them to submit salary slips for the last six months and maintain a regularly updated “verified list” of accredited and bona fide media persons.

The justification for such a directive is the “repeated complaints” received about the misuse of media credentials, curbing impersonation, blackmail and extortion and circulation of defamatory content. Officials argue that the move was necessitated by the rise of social media platforms and locally trusted digital outlets. These, they claim have, blurred the lines between professionals and self-styled journalists.

Journalists have opposed the move calling it intrusive and a potential crackdown on press freedom.

The Lt. Governor, the journalists claim, keeps talking of tackling the over ground workers (OGWs) and the terrorist eco-system and apprehend that any one of them can be designated as part of that ecosystem and prosecuted. A journalist Irfan Mehraj has been in Rohini Jail in Delhi for over 1,00 days now they point out and each time he applies for bail, he finds the judge has changed and the hearing has to begin afresh.

5. Trade and business after Pahalgam

Tourism:

Post-Pahalgam terror, Kashmir was emptied of tourists overnight. The tragedy struck at the beginning of the promising tourist season in which thousands of Kashmiris are involved – Hoteliers and their staff members, taxi operators, houseboat owners, shopkeepers and scores of other businesses. The tourism industry was hit badly. As weeks stretched into months without any tourist traffic, thousands who depended on their livelihoods on tourism were left without work and prospects of no earnings, so necessary for the harsh winter months when tourist traffic is reduced.

During our visit several hoteliers also told us that many had to lay off some of their staff. During the Diwali vacation there was some tourist traffic which increased to about 30% but we also heard another hotelier saying the increase in tourist traffic was hardly 10-15%. Perhaps different categories of hotels were hit differently. However, the total loss to tourism industry is hard to estimate as no one has calculated the loss of revenue so far.

One of the other issues bothering the hoteliers of Kashmir (and also of Jammu), is the Union Territory’s new Land Policy. Most leases are expiring or have expired. But instead of renewing these, as happens in rest of India, the UT government as per the New Act decided to auction the land on which the hotels have been built.

Gulmarg has been a special focus for implementation of the policy. Although the land leases of hotels in Srinagar and Jammu too have expired, these are not the focus of government action. The current owners who have invested substantial amounts in constructing and running these hotels, are not given any preference in the auctions conducted. The hoteliers have been demanding that the same rules be applied to expired land leases in Delhi which is also a Union Territory, as well as the other states in the rest of India.

Horticulture:

From the CCG Report: This sector generates major revenue for Kashmir and Kashmiris. Almost every family in South Kashmir has a small or big orchard and earn something out of it. This sector of THE economy too suffered badly in 2025.

Just as the apples were being harvested, there were heavy rains in the Jammu region. This caused landslides with some stretches of Srinagar-Jammu Highway being washed away. For about 20-22 days, around 4,000 trucks laden with fruits were stranded on the highway. This transportation delay completely damaged the fruit. During that period the harvested apples remained in the orchards and could not be shipped out. Although Kashmir has now cold storage facilities for apples, it is not adequate to store all the harvested apples. Some of the fruit was also damaged when heavy rains came to Kashmir.

According to the President of the Pulwama Fruit Mandi, the orchardists have suffered losses of over Rs. 2000 crore this year. At the Pulwama fruit Mandi, every day during the harvest season, 50 trucks with an average capacity of 25-30 tons of fruits, are loaded. Each truck is worth around Rs 7 lakhs – amounting to a daily profit of Rs 3.5 crore. This activity goes on for about two and half months.

The Central Government and the J&K government did respond to the crisis by sending goods trains from Srinagar to ferry Apples to the Indian markets in Delhi and elsewhere to address the crisis but not before substantial losses had already incurred. Some smaller trucks also took the fruit via the Mughal Road to the Jammu Mandi. The Fruit growers want crop insurance for fruits as well. They also feel that the J&K Government does not give as much support as the Himachal government gives to the fruit growers there.

The launching of goods trains directly from Delhi and Punjab has, however, upset the Jammu traders and transporters, who transported goods including fruit, to the Jammu and Delhi markets. They fear that Jammu would suffer further economic loss because of this, as the entire transport sector – truck owners, loaders and others in Jammu Mandi would see job and income losses. A member of the Jammu Chamber of Commerce commented, “The government is not consulting traders here before implementing important decisions that will affect trade here.” He was very bitter about this.

Disclaimer: The CCG does not claim to do present a situation perfectly as it is virtually impossible to meet the representatives of all groups, communities, ethnicities and interests. Often the administration itself makes it impossible for the group to meet people, such as advising them not to meet us as happened this time when the CCG members wanted to visit Shopian to meet the apple traders in the local mandi (wholesale market). Earlier, the group members have been confined to their hotel premises by the police, locked up at the Srinagar airport lounge and one of its members even deported to Delhi. While with the advent of a democratically elected government the group expected that its movement would not be restricted, this time around the people we were supposed to meet were told not to meet the group.

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.


Related:

From Prison to Uncertainty: After Battling for Bails, Kashmiri Journalists Battle Stigma, Financial Crisis and Isolation

Syncretic Dreams, Shattered Realities: Kashmir in “The Hybrid Wanderers”

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J & K Govt. Book Ban: What do the Thought Police Fear? https://sabrangindia.in/j-k-govt-book-ban-what-do-the-thought-police-fear/ Mon, 11 Aug 2025 06:13:42 +0000 https://sabrangindia.in/?p=43140 The Jammu and Kashmir (J & K) government’s ban on 25 books on Kashmir by both Kashmiri and non-Kashmiri academics, researchers and journalists on the specious grounds that they promote terrorism and endanger national integrity, among other charges, may have been expressly designed to inject further fear in the Valley. But the ban only exposes […]

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The Jammu and Kashmir (J & K) government’s ban on 25 books on Kashmir by both Kashmiri and non-Kashmiri academics, researchers and journalists on the specious grounds that they promote terrorism and endanger national integrity, among other charges, may have been expressly designed to inject further fear in the Valley. But the ban only exposes the institutionalised distrust of a thinking public.

The notification issued by the Union Territory’s Home Department on August 5, 2025 was unprecedented and sweeping in more ways than one. It included scholarly and rigorously  researched books by a range of academics and writers from across the globe, including the noted  constitutional scholar, the late A G Noorani, the writer Arundhati Roy, academics Sumantra Bose, Christopher Snedden and Victoria Schofield and journalist and editor Anuradha Bhasin. Books edited by researchers, activists and intellectuals of calibre such as Essar Batool, Tariq Ali, Sugata Bose, Ayesha Jalal,  Angana Chatterjee, etc, have also been prohibited.

The books have been in circulation for several years. For instance, “Kashmir Politics and Plebiscite” by Dr Abdul Jabbar Gockhami was published in 2011, “The Kashmir Dispute 1947-2012” by A G Noorani in 2014, while “A Dismantled State: The Untold Story of Kashmir After Article 370” by Anuradha Bhasin was published in 2022 and “Colonizing Kashmir: State-building under Indian Occupation” by Hafza Kanjwal was published in 2023.

The religious-political text ‘Al Jihad Fil Islam’, by the Islamic scholar and founder of the Jamaat-e-Islami, Maulana Maududi, on the concept of jihad in Islam was published in 1927, while “Mujahid Ki Azan”, another Urdu book by Hasan Al Banna Shaheed, was published in 2006 and is out of stock.

But whether or not the books are out of stock is immaterial, as mere possession is outlawed. A day after the notification,  the Anantnag police scoured stationery shops for the books but there is no information as to whether any of the offending publications were located and seized. In February 2025, six years after the ban on the Jamaat-e-Islami Jammu and Kashmir, police had raided bookstores and seized around 600 books, mostly Islamic literature, though there was no official notification on their forfeiture.

The recent notification, issued  under Section 98 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, grants powers to the State Government to declare certain publications forfeited and to issue search-warrants for them, if they violate Section 152 (acts endangering the sovereignty, unity and integrity of India), Section 196 (promoting enmity between different groups), Section 197 (imputations and   assertions prejudicial to national integration and harming national unity), Section 294 and Section 295 (obscenity), Section 299 (acts outraging religious feelings) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The notification itself provides little evidence of the precise violations of Section 98 of the BNSS or of the multiple sections of the BNS by which books can be banned or forfeited. Instead, the notification is replete with terms that find no place in actual law. For instances, the notification says the banned literature propagates false narratives, giving no instances or examples of these narratives and why they are considered false.

The letter and spirit of the law (however flawed its application) is practically drowned in a discourse of the most fantastical language of condemnation, the more wild, unreasonable and irrational, the better.

By what stretch of imagination are books by such scholars like Noorani or Anuradha Bhasin or Arundhati Roy or Essar Batool or any others named in the notification even remotely obscene? How are these books, primarily words that convey ideas, historical facts and analysis “acts” that endanger the sovereignty and unity of India? How do they promote enmity between communities or endanger national harmony? There are no clues in the notification.

For the authors or the publishers of the books, the only recourse would be under Section 99 of the BNSS, which gives them two months to apply to the High Court to set aside the declaration of forfeiture. A special three-judge bench of the High Court will be convened to consider the applications.  Till then, the sale and possession of the books will be considered a crime.

Misplaced “concern” for youth

Betraying a staunchly paternalistic tone towards youth of the former state, the notification goes on to say that a significant driver behind youth participation in violence and terrorism is “the systematic dissemination of false narratives and secessionist literature by its persistent internal circulation disguised as historical and political commentary”. Why is it internal, when most of the more popular books are freely available, online and offline and what is disguised about the commentary – the notification doesn’t bother to say.

Reiterating the state government’s “concern” for the youth of Kashmir, the notification further says that  the books are responsible for “misguiding youth, glorifying terrorism and inciting violence against the Indian State”. The last is a serious charge but, again, there is scant detail on any of these 25 books.

Notwithstanding its avowed concern for youth, the notification also slams them, stating that these 25 books promote a “culture of grievance, victimhood and terrorist heroism.”

Ironically, it is also perhaps the first official acknowledgment of the “alienation” of the youth of Jammu and Kashmir, who are today bearing the brunt of decades of conflict and a history passed down, not only through books, but by shared accounts of  successive generations of more than 75 years of living in an area of militarized strife.

Far from book bans, what really ought to concern the government of Jammu and Kashmir is unemployment, poor healthcare (including for mental health) and education. In all these spheres, the undisputed data itself starkly tells the true story of the youth in Kashmir.

Official data on Kashmiri youth pegs unemployment at 17.4 per cent, far above the national average of 10.2%. According to the Baseline Survey Report 2024-25 under Mission YUVA (Yuva Udyami Vikas Abhiyan), which cited the Periodic Labour Force Survey (PLFS) 2023-24, the overall unemployment rate in J & K is 6.7%, nearly double the national average of 3.5%. According to the report, released by Chief Minister Omar Abdullah in June this year, women face even steeper barriers, with urban female unemployment recorded at 28.6%.

Studies on the condition of mental health in the population, given the prolonged conflict, are also cause for alarm. An epidemiological study, conducted in 2024, of psychiatric disorders in Kashmir, observed that 11.3% of the adult population suffered from mental illness in the valley. As compared to males (8.4%), there was a higher prevalence among females(12.9%). Depressive disorders (8.4%) were the most common psychiatric disorders, followed by anxiety disorders (5.1%).

What would be the effect of such arbitrary and repressive acts on an already beleaguered population?

 

Erasure of history and the fear of recollection

 The ban on books comes a day after the 6th anniversary of the abrogation of Article 370 of the Indian Constitution in August  2019. Scrapping the special status of Jammu and Kashmir, the Union Government has aggressively pushed for its “naya Kashmir “project and multiple erasures of lived histories and experiences have marked the last six years.

While newspapers mirrored the government-led normalcy, a deafening silence has prevailed, first due to the unprecedented communications blockade that lasted till 2021 and then due to the crackdown on journalists, lawyers, human rights activists, academics and political party members. There have been police summons and detentions, disembarking of journalists flying out of the country for legitimate professional work, suspension and withdrawal of passports and no-fly lists.

While the invisibilising of everyday accounts has become the norm, the digital erasure of archives of published accounts of multiple journalists has been a chilling feature of the toolkit for the new Kashmir. Heavily dependent on government advertising, the media in Kashmir put up little resistance to the mass deletion of their own archives. Independent journalists found that their social media accounts were also vulnerable, as content was taken down and accounts were blocked with impunity.

The censoring of universities and academic spaces is, of course, an all-India project. Conferences, talks, discussions and even film screenings on sensitive issues need prior permission, chapters in text books have been changed, historical accounts are dropped from the curriculum and teachers are under watch both in the classroom and for posts on their private social media accounts, as the experience of Prof. Tejaswini Desai of the Kolhapur Institute of Technology’s College of Engineering or of Prof.  Ali Khan Mahmudabad of Ashoka University reveal.

But the ‘K’ word occupies a special place as the recent development over the revised syllabus for MA in Political Science reveals. According to this report in Maktoob Media, the paper “DSE 17: Politics and Ethnic Conflicts in J&K,” including debates on state autonomy, self-determination, secessionist politics and factors of terrorism, was flagged by the Standing Committee (of the University) for its discourse on the Indian national identity, Hindu nationalism and Politics of anxiety. It had earlier been approved by the Academic Council and the Executive Council of the University.

In the face of all these official attempts to wipe our plural viewpoints, however reasoned and well-researched, the J & K government’s book ban is the most objectionable effort. The ban seeks to arbitrarily criminalise 25 books, casting them as the prime accused and convicting them before a fair trial. Though words have a way of escaping the bars of forfeiture and prohibition, unlike the prolonged jailing of academics, human rights activists, journalists, lawyers and students, the notification must go.

First Published on freespeechcollective.in

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India to allow return of elderly Pakistani-origin woman wrongfully deported despite decades-long residence in J&K https://sabrangindia.in/india-to-allow-return-of-elderly-pakistani-origin-woman-wrongfully-deported-despite-decades-long-residence-in-jk/ Tue, 05 Aug 2025 06:12:15 +0000 https://sabrangindia.in/?p=43079 High Court’s SOS, government’s U-turn, and the ongoing legal battle over rights and sovereignty

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More than three months after she was summarily deported to Pakistan despite having lived in Jammu for nearly four decades, 63-year-old Rakshanda Rashid is finally being allowed to return to India. The Union Government, which had earlier cancelled all short-duration visas issued to Pakistani nationals in the aftermath of the April 22 Pahalgam terror attack, has now made a rare exception. As per the report of Indian Express, the Union of India has decided to issue her a visitor’s visa, paving the way for her return and reunion with her husband and four children—all Indian citizens residing in Jammu & Kashmir.

The decision, described as an “in-principle” nod after high-level deliberations, was conveyed to the Jammu & Kashmir and Ladakh High Court on July 30 by Solicitor General Tushar Mehta, who said the move stemmed from the “peculiar facts and unusual circumstances” of the case. This marks a significant climb-down by the Centre, which had earlier defended her expulsion on technical grounds. Mehta further stated that once Rashid returns, she may also pursue her two pending applications—one for Indian citizenship (filed in 1996) and the other for long-term visa (LTV) renewal.

From Deportation to Hope: A timeline of arbitrary state action

Rakshanda Rashid, a Pakistani national by birth and resident of Jammu’s Talab Khatikan locality, entered India legally in 1990 on a 14-day visitor visa. Her stay was subsequently regularised through a year-on-year Long-Term Visa (LTV), granted on the strength of her marriage to Indian citizen Sheikh Zahoor Ahmed, a retired government servant. Over the years, she built a life in Jammu, raising four children, all of whom are Indian citizens.

However, on April 25, 2025, just three days after a deadly terror attack in Pahalgam, the Ministry of Home Affairs (MHA) abruptly cancelled all visas of Pakistani nationals. On April 28, Rashid was served a “Leave India Notice” by the Criminal Investigation Department (CID), despite the fact that her LTV was valid until January 13, 2025, and her renewal application had already been filed.

In a move devoid of legal due process, she was forcibly taken from her home early on April 29 and escorted to the Attari-Wagah border, where she was pushed across into Pakistan. She was denied legal representation, not provided with a formal deportation order, and removed while her LTV extension request was still pending, a fact later confirmed through official emails from the Foreigners Regional Registration Office (FRRO).

Justice Bharti’s Resounding Rebuke: A “Constitutional SOS”

Rashid’s family immediately approached the Jammu and Kashmir and Ladakh High Court, seeking redress. In a powerful June 6 order, Justice Rahul Bharti denounced the deportation as both unconstitutional and morally indefensible. Observing that the petitioner was lawfully residing in India on an LTV and had a pending citizenship application, the judge framed the case as an extraordinary breach of due process, driven more by fear and bureaucratic indifference than by law.

Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence notwithstanding the merits and demerits of a case which can be adjudicated only upon in due course of time and therefore, this Court is coming up with a direction to the Ministry of Home Affairs, Government of India to bring back the petitioner from her deportation.” (Para 3–5, Judgment dated June 6).

Justice Bharti recognised that Rashid had not been deported through lawful procedure, nor was her case considered individually despite the MHA’s own circular exempting Pakistani women married to Indian citizens and LTV holders from the mass visa cancellations.

Detailed report may be read here.

MHA’s Appeal: Deflecting responsibility through technicalities

Rather than complying with the order, the MHA filed a Letters Patent Appeal (LPA) on July 1, a day before the compliance hearing. In its appeal, the MHA avoided challenging the core humanitarian facts of the case. Instead, it relied heavily on technical defences, arguing:

  • LTV had lapsed: The Ministry claimed Rashid’s visa was no longer valid on the date of deportation, making her an illegal resident.
  • Delay in application: It alleged that her LTV renewal application was filed only on March 8, not January, and was therefore invalid.
  • Violation of sovereign powers: The Union argued that Justice Bharti’s directive infringed on the Union’s sovereign authority to regulate deportations.
  • Judicial overreach: It contended that courts cannot direct the executive to bring back a deported foreign national.

These claims, however, were flatly contradicted by documentary proof:

  • An April 26 email from the FRRO confirmed that her visa renewal application was under process.
  • A May 9 email stated the application had been escalated to higher authorities.
  • Her daughter, Fatima Sheikh, alleged that the March 8 date was fabricated by local police to justify a planned removal. She maintained that the application was in fact submitted in January.

July 3: Division Bench stays repatriation order

On July 3, the Division Bench of Chief Justice Arun Palli and Justice Wasim Sadiq Nargal admitted the appeal and issued an interim stay on Justice Bharti’s order. In doing so, it temporarily blocked any attempt to bring Rashid back—even as the facts weighed overwhelmingly in her favour.

The stay order neither addressed the procedural illegality of her deportation nor provided any immediate remedy for her isolation in Pakistan. There was no timeline, no hearing on the merits, and no protection granted to a woman stranded in a country where she has no familial or social ties.

Detailed report may be read here.

Now, a narrow window opens

The Union’s recent reversal, however limited, is a vital first step. By deciding to grant Rakshanda Rashid a visitor visa, it has acknowledged, however tacitly, that her removal was deeply flawed. The decision also opens the door to her pursuing Indian citizenship, a process she began nearly 30 years ago. Importantly, as per the IE report, the Government made clear this is a one-off move, not to be treated as precedent.

While this move may not yet constitute full justice, it allows for something that has been denied since April: reunification, dignity, and the possibility of healing. But if the principle of human rights means anything at all, then the case of Rakshanda Rashid stands as a chilling example of what happens when bureaucracy overrides the Constitution—and a hopeful one, now, of what becomes possible when justice reasserts itself.

Order can be read here.

Related:

“A Constitutionally Imperative to Ensure Justice”: Supreme Court Orders CBI probe, arrests, and ₹50 Lakh compensation for brutal custodial torture of constable in J&K

Justice Deferred: J&K High Court stays repatriation of 63-year-old woman deported after Pahalgam attack, following MHA appeal

Poonch Court orders FIR against Zee News, News18 for falsely labelling deceased teacher as “Pakistani terrorist” during Operation Sindoor coverage

J&K High court orders repatriation of 63-year-old woman deported to Pakistan without due process

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“A Constitutionally Imperative to Ensure Justice”: Supreme Court Orders CBI probe, arrests, and ₹50 Lakh compensation for brutal custodial torture of constable in J&K https://sabrangindia.in/a-constitutionally-imperative-to-ensure-justice-supreme-court-orders-cbi-probe-arrests-and-%e2%82%b950-lakh-compensation-for-brutal-custodial-torture-of-constable-in-jk/ Wed, 23 Jul 2025 07:16:32 +0000 https://sabrangindia.in/?p=42896 Describing the case as ‘unprecedented in gravity,’ the Court demolishes the state’s suicide narrative, quashes the retaliatory FIR, and affirms that the documented injuries, including complete genital mutilation and anal insertion, are medically impossible to be self-inflicted

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In a damning indictment of state abuse and institutional failure, the Supreme Court of India on Monday ordered the Central Bureau of Investigation (CBI) to take over the investigation into the illegal detention and brutal custodial torture of a serving police constable, Khursheed Ahmad Chohan, at the Joint Interrogation Centre (JIC), Kupwara, Jammu & Kashmir. As crucial, in recognition of the brutality of the violations inflicted, reparation was also ordered. The Court also awarded ₹50,00,000/- (Rupees Fifty Lakhs) as compensation to the appellant, holding it to be a necessary constitutional remedy in light of the established violation of Article 21.

The Supreme Court not only quashed a retaliatory FIR filed against the victim under Section 309 IPC for “attempt to suicide” but directed the immediate arrest of the officers involved and ordered the Union Territory of Jammu & Kashmir to pay ₹50 lakh as constitutional compensation, recoverable from the guilty officers following departmental proceedings. The CBI has also been tasked with investigating systemic failures and institutional impunity at the JIC.

The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by the complete mutilation of the appellant’s genitalia, represents one of the most barbaric instances of police atrocity which the State is trying to defend and cover up with all pervasive power. The medical evidence conclusively establishes that such injuries are impossible to be self-inflicted. The respondent’s theory of suicide attempt crumbles under scrutiny when examined against the timeline and the medical evidence.” (Para 19)

Delivering the judgment, a bench of Justices Vikram Nath and Sandeep Mehta described the case as one involving “unprecedented gravity”, with complete mutilation of genitalia, pepper powder and electric shocks on private parts, and injuries consistent with custodial torture techniques such as falanga, the presence of multiple vegetative particles in the rectum, and anal insertion. The Court found the state’s claim of attempted suicide “medically impossible”, rejecting it as a fabricated counter-narrative aimed at shielding perpetrators.

More significantly, the respondent’s suicide theory is demolished when assessed in light of the medical evidence, which decisively rules out the theory of the harm being self-inflicted. The complete surgical removal of both testicles, the extensive injuries to the appellant’s palms and soles, consistent with custodial torture techniques such as falanga, the presence of multiple vegetative particles in the rectum, and bruising on the buttocks extending to the thighs all points to a pattern of sustained and systematic torture. These injuries are medically impossible to be self-inflicted, particularly in the absence of fatal haemorrhage or loss of consciousness, as would have occurred had the mutilation been self-administered. The respondent’s reliance on superficial cuts to the forearm as indicative of a suicide attempt pales in comparison to the magnitude and nature of the injuries sustained.” (Para 20)

The Case: A signal, a summons, a six-day ordeal

The appellant, Khursheed Ahmad Chohan, a police constable posted in Baramulla, received a signal on February 17, 2023 from the Deputy Superintendent of Police, Kupwara, instructing him to report to the SSP Kupwara for an enquiry into a narcotics matter. On February 20, he complied and reported to the Joint Interrogation Centre. What followed, according to the Supreme Court, was six days of illegal detention and “barbaric, medically irrefutable torture.”

What followed, the Court held, was “systematic, brutal, and medically irrefutable torture.” According to medical records from SKIMS, Srinagar, where Chohan was eventually shifted in critical condition:

  • Genital mutilation: His testicles were amputated and brought in a plastic bag by a Sub-Inspector to the Sher-i-Kashmir Institute of Medical Sciences (SKIMS), where he was admitted in a critical condition on February 26.
  • Other injuries: A 10 X 5 centimetres scrotal laceration, bruises on the buttocks, fractures, tenderness in palms and soles, and vegetative particles in his rectum were documented.
  • Surgery: The SKIMS discharge summary confirmed surgical procedures for reconstruction and repair of the urethra and scrotal wounds.

FIR Against Victim, Not Perpetrators: A legal travesty

On the same day Chohan was admitted to hospital, the police lodged FIR No. 32/2023 under Section 309 IPC, accusing him of “attempting suicide by cutting his vein with a razor blade under a blanket” at the JIC barracks.

The Supreme Court categorically rejected this FIR as a “calculated fabrication”, noting that:

  • The FIR contradicted medical records, which established injuries that were far more severe and inaccessible for self-infliction.
  • The forensic and CCTV evidence, used by the state to allege suicide, was dismissed as inadequate to override the weight of medical evidence showing extreme torture.
  • The FIR was a “pre-emptive defence mechanism”, constituting abuse of process, falling squarely within grounds for quashing as laid down in State of Haryana v. Bhajan Lal.

“In the present case, the authorities, instead of registering the complaint of the appellant regarding custodial torture, filed a counter FIR against him under Section 309 of the IPC. Perusal of the contents of FIR (supra) reflect that the allegations made therein are vague and manifestly contradictory to the established medical evidence. The FIR states that the appellant tried to cut his vein with a blade, however, the medical records, above discussed, reveal that the injuries are much graver and more extensive than what is depicted in this manifestly fabricated narrative. The stark disparity between the trivial description of ‘cutting his vein’ in the FIR and the barbaric reality of complete castration and systematic torture exposes the mala fide intent behind registering this counter FIR.” (Para 31)

Judicial Rebuke to the High Court and police machinery

The Court was equally scathing of the J&K High Court’s failure to grant relief when Chohan’s wife, Rubina Aktar, moved a writ petition seeking registration of FIR and CBI investigation, and a miscellaneous petition to quash the suicide FIR.

The High Court had:

  • Directed a preliminary enquiry to be conducted by the same SSP who summoned Chohan and whose subordinates were the accused—an act the Supreme Court termed a “flagrant violation of natural justice”.
  • Refused to quash the suicide FIR or refer the matter to CBI, holding that the investigation was in its infancy—a finding reversed by the apex court.

The Supreme Court held that Lalita Kumari v. State of UP (2014) mandates immediate registration of FIR where allegations disclose cognizable offences, and that no preliminary enquiry is permitted in custodial violence cases. The Court found that the High Court erred in law and failed to protect the victim’s fundamental rights under Articles 14 and 21.

“The High Court committed a grave error in law by failing to exercise the writ jurisdiction and in refusing to apply the mandatory principles laid down by the Constitution Bench in Lalita Kumari (supra). Instead of ordering immediate registration of FIR, the High Court directed the very same Senior Superintendent of Police, Kupwara who had issued the Signal dated 17th February, 2023 summoning the appellant and under whose jurisdiction the alleged torture occurred, to conduct an inquiry into his own subordinates’ actions. This direction constitutes a flagrant violation of the fundamental principles of natural justice encapsulated in the Latin maxim “nemo judex in causa sua” (no one should be a judge in his own cause). The High Court’s approach, by treating this as a case requiring a preliminary inquiry rather than immediate registration of FIR, demonstrates a complete misunderstanding of the settled legal position and has resulted in the denial of justice to the appellant who is the victim of custodial torture.” (Part 14)

Institutional complicity and systemic failure at JIC Kupwara

Taking a constitutional view of state accountability, the Court directed that the CBI shall not only investigate the individual acts of torture but also examine “systemic issues” at the Joint Interrogation Centre, Kupwara.

Considering the unprecedented gravity of this custodial torture case, the systematic cover-up orchestrated by local police machinery, the institutional bias demonstrated in the handling of the complaint, and the complete failure of local authorities to conduct a fair investigation and the unrelenting stand taken by the respondent State, we are constrained to direct transfer of investigation to the CBI.” (Para 27)

The majesty of law demands nothing less than complete independence and impartiality in investigating crimes that shock the conscience of society and violate the most fundamental principles of human dignity enshrined in Article 21 of the Constitution of India. Hence, the transfer of investigation to the CBI becomes not merely advisable but constitutionally imperative to ensure justice and uphold the rule of law.” (Para 27)

The CBI has been directed to:

  • Register a Regular Case (RC) based on the March 1, 2023 complaint filed by the victim’s wife and the medical evidence on record. The RC is to be registered within 7 days of this order.
  • Take over all existing documents, medical records, CCTV footage, forensic evidence, and case diary.
  • The CBI is to also conduct a comprehensive inquiry into the systemic issues at the Joint Interrogation Centre, Kupwara, including examination of all CCTV systems, interrogation from all personnel present during the relevant period, forensic examination of the premises, and review of all protocols and procedures followed for detention and interrogation of suspects.
  • FIR No. 32 of 2023, registered against the appellant under Section 309 of the IPC at Police Station Kupwara, to be quashed for being prima facie fabricated.
  • Submit a status report to the Supreme Court by November 10, 2025.

Compensation as Constitutional Remedy: ₹50 lakh awarded

The Court awarded ₹50,00,000/- (Rupees Fifty Lakhs) as compensation to the appellant, holding it to be a necessary constitutional remedy in light of the established violation of Article 21.

A sequel to the above discussion and in order to provide some solace to the victim and his family for the barbaric acts of custodial torture leading to complete castration, we hereby direct the Union Territory of Jammu & Kashmir to pay compensation of Rs.50,00,000/- (Rupees Fifty Lakhs) to the appellant (victim). The said amount shall be recoverable from the officer(s) concerned against whom a departmental proceeding shall be initiated upon conclusion of the investigation by the CBI.” (Para 38 (V))

Citing D.K. Basu v. State of West Bengal and Nilabati Behera v. State of Orissa, the Court reiterated that:

Before we conclude, we deem it necessary to address the question of compensation to the appellant, who is a victim of brutal and inhuman custodial torture. It is now well-settled in Indian constitutional jurisprudence that where fundamental rights, particularly the right to life and personal liberty under Article 21 of the Constitution of India are violated by State machinery, appropriate monetary compensation may be an effective remedy. In D.K. Basu (supra), this Court held that pecuniary compensation is an appropriate and effective remedy for the infringement of fundamental rights caused by State officials and that the defence of sovereign immunity is inapplicable. The Court noted that such compensation must focus on the compensatory element and serve as a balm to the victim, without prejudice to other remedies in civil or criminal law.” (Para 34)

The amount is recoverable from the officers found guilty, following completion of the CBI investigation and departmental proceedings. Notable, the compensation is without prejudice to Chohan’s right to pursue additional remedies.

Closing Words: Upholding the rule of law amid torture and power

In conclusion, the Court invoked its extraordinary jurisdiction under Articles 136 and 142, describing the case as a “gross abuse of state power” requiring independent, credible, and constitutionally driven accountability.

Only investigation by an independent agency, i.e., CBI can restore public faith in the criminal justice system, ensure that this dehumanising crime does not go unpunished, and guarantee that the truth emerges without any institutional bias or cover-up attempts.(Para 27)

The judgment sets a new precedent not just in affirming constitutional remedies for custodial violence, but also in highlighting the institutional duty of courts to intervene decisively where the state uses its apparatus to silence and punish those it has already harmed.

The complete judgment may be read below.

 

Related:

She Set Herself on Fire to Be Heard: Odisha student’s death is a wake-up call

Custodial Horror in Sivagangai: Ajith Kumar’s death raises chilling parallels with Sathankulam

Custody, Camaraderie, and Cover-Up: Supreme Court transfers custodial death probe to CBI, slams MP police for “shielding their own”

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Pahalgam Attack: Kashmir unites in heroic resilience amid terror attack, proving humanity’s strength against hate narrative https://sabrangindia.in/pahalgam-attack-kashmir-unites-in-heroic-resilience-amid-terror-attack-proving-humanitys-strength-against-hate-narrative/ Wed, 21 May 2025 08:00:59 +0000 https://sabrangindia.in/?p=41849 Kashmir, renowned for its breath-taking landscapes and the warmth of its people, became a place of tragic sorrow, loss and anger, on April 22 when a terror attack claimed 26 lives at Baisaran, Pahalgam.  In the face of the chaos that followed, local heroes like Syed Adil Hussain Shah and Sajad Bhat risked their own lives to save others;  despite the tragedy, the people of Kashmir, transcending religious and cultural divides, stood in fraternal solidarity, showing that humanity, love, and peace are stronger than terror and hatred

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“If there is paradise on Earth, it is here, it is here, it is here.” This timeless Persian couplet, often attributed to the poet Amir Khusrau, has for centuries captured the ethereal beauty of Kashmir – a valley renowned not only for its breath-taking landscapes but also for the warmth and profound hospitality of its people. Yet, on April 22, the serenity of this paradise was shattered as Pahalgam – a scenic tourist destination –resonated with the grim sounds of bullets and blood, the grim reality of a terror attack. The cowardly terror gunning reportedly by four men, selectively targeted innocent tourists, claiming the lives of twenty-six civilians.

In the immediate aftermath, a chilling new aspect emerged: terrorists reportedly demanded the religion of their victims before pointedly unleashing their violence against only those from the Hindu majority. This deeply disturbing report, amplified across social media, quickly fuelled a divisive narrative and a wave of online trolling against Kashmir and its Muslim residents.

Amidst the chaos, when death stared everyone in the face, the first heroic story that emerged was that of Syed Adil Hussain Shah, a brave local pony handler, unarmed and unprotected, who displayed a level of courage and humanity that stands unmatched. Adil Shah did not flee. He did not hide. Instead, he stepped forward to confront the attackers, questioned them for their inhumanity, and tried to shield two terrified tourists from Pune — Kaustubh Ganbote and Santosh Jagdale. In doing so, he was shot four times — twice in the chest, once in the abdomen, and another bullet tore through him elsewhere. He succumbed tohis injuries on the spot, his blood soaking the very earth he had guided thousands across, every day, with quiet pride and dignity.

Besides Adil who sacrificed his life, far removed from the sensationalised claims and buzzing news cycles that amplified the hate narrative, on ground, multiple accounts of unbridled solidarity and assistance towards the victim survivors unfolded. While the hysterical reporting on a vast majority of electronic media channels chose to ignore these accounts, these accounts of reassuring humanity, painted a starkly different picture. Despite the vitriol aimed at Kashmir and its people, the valley affirmed its unwavering commitment to peace, love, and harmony, showcasing the very essence of the hospitality for which it has long been celebrated.

When a native Kashmiri guy Sajad saves a young boy from a volley of gunfire in Pahalgam

A native Kashmiri, Sajad Bhat, emerged as a true beacon of courage amidst the chaos, bravely saving a young boy from the gunshots and gunfire in Pahalgam’s Baisaran area. This local hero instinctively carried an injured tourist down to safety on his back after the attack.

A scene of selfless rescue

Sajad Bhat, who unhesitatingly risked his own life, later recounted the harrowing experience and the immediate, collective response from the local community. Describing the frantic efforts to save lives, he explained: “Baisaran Valley is a very large valley. When we saw the injured there, our first priority was how to safely get them to the hospital and help them. Many horsemen also carried them on horseback to the hospital,” he explained, painting a picture of a spontaneous, collective effort.

Saw a child who was pleading, ‘uncle, uncle! save me, save me!’: Bhat

He further detailed his own harrowing rescue of a child. He said that “Besides me, there were many others who carried them on their shoulders to get them to the hospital. I also saw a child who was calling out, ‘Uncle, Uncle!’ He was pleading, ‘Save me, save me!’ I directly put my life at risk, lifted him onto my shoulders, and took him straight to the hospital. On the way, I reassured him constantly, telling him not to be afraid, that nothing would happen to him here. I gave him water on the way and took him directly to the hospital.”

Sajad Bhat firmly stated that it’s the inherent responsibility of locals to aid the injured. When speaking about the injured civilians, he clarified, “I wasn’t there when the initial incident happened. We reached there later for the rescue. It’s our duty, the duty of the locals here, to go there and help the injured.”

A plea for humanity and peace: ‘we stand with you, don’t be afraid; please come to Kashmir

Recalling the horrific scene, Bhat described, “It was a terrifying sight. We too were scared in our places, wondering what was happening. No one was visible; some tourists and some horsemen were wandering around, trying to save people.”

He didn’t shy away from emphasising the profound gravity of the situation, stating with deep emotion, “Our intention is that humanity has been murdered; the entire Kashmiri people have been murdered. This should not happen; this should never happen.”

In a heartfelt plea, Bhat earnestly requested, “We just request that you don’t be afraid. Please come; you are our guests; you are our brothers. We stand with you. Don’t be afraid; please come to Kashmir.”

When a Hindu man rescued Maulvi and Madrassa student in Poonch amidst bombing

In the aftermath of the cross-border shelling in Poonch, a remarkable story of interfaith unity and bravery emerged. Former BJP MLA Pardeep Sharma, 51, was hailed as a hero for transcending religious and political lines to rescue those affected.

As reported by India Today (IT), when mortar shells struck Jamia Zia Ul Uloom, a local madrassa housing over 1,200 students and operated by his childhood friend Sayyed Habib, Sharma immediately rushed to the scene.

Friendship forged in crisis

Sharma’s actions were driven by a decades-old friendship with Sayyed Habib, forged when they first met in Class 9 at Poonch Government School. Despite their divergent paths into religious leadership and politics, their bond remained strong.

IT reported that this enduring friendship brought them together again as shells rained down on several buildings across town. Viral videos captured Sharma carrying wounded children to safety, earning him the title of “guardian angel” among Poonch residents. The attack tragically claimed the life of a maulvi and injured three children.

Recalling the harrowing moments, Sharma stated, “The maulvi died in my arms. I tried to help by placing a cloth on his cheek, but he couldn’t be saved.” He added, “Then I rushed to save three children. The hospital was full, so I held on to them until a stretcher became available.” When urged to save himself, Sharma’s response was resolute: “I told them the shells weren’t meant for me. At least not today” as reported

With me were Hindus, Muslims, and Sikhs—all working together to help: Sharma

Sharma profoundly underscored the collective spirit that permeated the scene, noting that “With me were Hindus, Muslims, and Sikhs—all working together to help. In that moment, nothing else mattered but saving those kids.” Sayyed Habib echoed this sentiment, confirming, “I didn’t think twice. I called Pardeep bhai. I knew he’d come—and he did.” While Sharma tended to the injured, Sayyed oversaw the safety of over a thousand children.

If anyone sees religion during tragedy, there is no person worse than him: Sharma

Sharma emphasised the collective spirit at the scene, highlighting that “If anyone sees religion during tragedy, there is no person worse than him. When shells are falling and bullets are being fired and people are getting killed and injured and you talk of Hindus, Muslims, Sikhs and Christians, then you don’t have the right to live,” as Indian Express reported

Sharma was actively “on the roads” for four days with his team, assisting in shifting the injured to hospitals. He recounted being woken by his family during the shelling on the intervening night of May 6 and 7: “I could hear the loud explosions. I thought of doing something for the people caught in the crossfire to help them in this distressing situation.” He even used Facebook Live to urge people to stay indoors and remain alert, as Indian Express reported

Hindus, Muslims are helping each other; society must not be divided at any cost after Pahalgam: tourist Puja Jadhav

A tourist identified as Puja Jadhav, when vacationing in Kashmir, has publicly refuted the prevailing negative narratives concerning Muslims and Kashmiris. In a widely shared video, Jadhav stated, “I am here on vacation, and Hindus and Muslims are helping each other.”  She further emphasised the unity she witnessed, urging people not to allow societal divisions, especially in the wake of the recent Pahalgam attack.

The video gained significant traction after being shared by prominent figures, including former BSP MP Kunwar Danish Ali. His sharing of Puja Jadhav’s video further amplified her message, bringing it to a larger audience and challenging divisive rhetoric.

Candlelight vigil for terror victims by local Kashmiri residents

On the evening of April 22, the day of the terror attack itself, residents of Kashmir came together to hold a candlelight vigil in memory of the victims of the Pahalgam terror attack. The gathering reflected the community’s deep sorrow and strong condemnation of the cowardly act of violence.

Carrying banners and raising their voices, people demanded justice and an end to terrorism. The vigil highlighted the growing resolve among Kashmiris to stand against violence and support peace in the region. Local residents made it clear that terrorism has no place in their society.

The march served as a collective cry for justice, with participants vociferously demanding accountability for the perpetrators of these heinous acts. Banners and slogans echoed a singular message: an end to violence and the restoration of lasting peace in Kashmir. The community’s resolute stand underscores a deep-seated longing for security and a future free from the constant threat of terrorism, sending a clear message to authorities to expedite justice and ensure such tragedies are never repeated.

After about 100 people got into trouble local Adil Bhai supported us: tourist from Pune in Pahalgam

Another tourist from Pune, when in Pahalgam, shared her moving experience, vouching for the deep-rooted Hindu-Muslim unity in the region.

“After about 100 people got into trouble, local Adilbhai supported us, gave shelter, and arranged food for everyone” she recalled with gratitude.

Adil, a local cab driver, emerged as a beacon of hope in a time of crisis. He welcomed a family from Maharashtra into his own home, offering them not just food and shelter, but a sense of security in a moment of fear and uncertainty. His actions spoke louder than any slogan or headline—acts of kindness that transcended religion and reminded everyone of our shared humanity.

“When Hindus are in trouble, Muslims are rushing to help,” she added, reflecting on the unity she witnessed first hand.

Adil himself humbly said, “One person made a mistake, but the whole of Kashmir will suffer the consequences. We do not support this. This is a murder of entire humanity.”

In a time when tensions threaten to divide, voices like Adil’s—and actions like his—stand as powerful reminders that the spirit of brotherhood is alive and well in Kashmir.

Kashmiri families open hearts & homes to tourist after Pahalgam attack

Similarly, many stories of fear and resilience surfaced—but some, like this one, reveal how moments of terror gave way to powerful human connection.

Rupali Patil, a tourist from Pune, shared how unsettling it was when the news first broke. “I was afraid to even step out of my hotel room,” she admitted. “But amid the chaos and confusion, I and many others found comfort in the homes of Kashmiris who took it upon themselves to protect us. Some even went out of their way to bring back people from our group who were stranded in other areas” as reported Times of India

Public figures have also recognised the overwhelming response of local Kashmiris in aiding victims. TMC MP Sagarika Ghose posted on X (formerly Twitter) and said that “At every stage during and after the Pahalgam terror attack, Kashmiris have rushed to help victims and families. A pony operator died trying to save others, Kashmiri families offered their homes, and many helped tourists flee the spot. The people of Kashmir are an integral part of our large Indian family. Terrorists want to drive us apart and spark anti-Kashmiri fury. We must not aid them in their evil agenda.”

After the attack: a unified voice from Kashmir

In the aftermath of the tragic terrorist attack in Pahalgam, a powerful and unified voice rose from the heart of Kashmir. It wasn’t just about grief—it was about solidarity, resilience, and a reaffirmation of the values that truly define the region.

“This is what Kashmiris themselves said after the terrorist attack in Pahalgam,” one observer noted. Locals gathered, visibly shaken but united, and their words echoed far beyond the valley.

“Hindu, Muslim, Sikh, Christian are brothers,” they declared with conviction—a reminder that communal harmony is not just a slogan here, but a lived reality, rooted in everyday relationships and shared experiences.

We are one, we stand united against terrorism: Kashmiris take a stand against terror

In yet another powerful display of unity and courage, local Kashmiri Muslims in Anantnag raised their voices loudly against the Pahalgam terror attack. Taking to the streets, they held a strong and heartfelt protest against terrorism, rejecting violence in all its forms.

This is the real India—where religion does not divide, and humanity remains the highest identity.

These images may not sit well with certain ideological groups, and mainstream media might choose to ignore them—but the truth on the ground speaks louder than any narrative.

However, despite the divisive narratives that followed, the local Kashmiri community stood firm in its commitment to peace, love, and hospitality. Individuals like Sajad Bhat, who risked his life to save tourists, and interfaith heroes like Pardeep Sharma exemplified the region’s enduring spirit of solidarity, transcending religious and political differences. The stories of local residents offering shelter, care, and support to tourists in distress demonstrated that the true essence of Kashmir lies not in the headlines, but in the human connections that thrive in moments of crisis. As the people of Kashmir continue to unite against terror and hatred, they remind us that humanity and peace must always prevail, regardless of the forces that seek to divide.


Related:

Everyday Harmony: Kashmiri Pandits welcome back Hajis with Na’at recital

Unity over Division: Banke Bihari Temple stands firm against boycott of Muslim artisans

India’s Eid: rose petals & inter-faith unity shared joy paint India’s heart-warming harmony across the country

 

 

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From Trenches to Trust: Reimagining South Asia’s Dividends of Peace https://sabrangindia.in/from-trenches-to-trust-reimagining-south-asias-dividends-of-peace/ Mon, 05 May 2025 04:21:56 +0000 https://sabrangindia.in/?p=41583 Generations have been raised on trauma and banality of wars and hostility; it is time to trade $72 billion defense spending for solutions to poverty, illiteracy, and healthcare deficits.

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Tank Agay Chalay Ya Peechay Hatay

Kaukh Dharti Ki Banjh Hoti Hai”

(Whether tanks advance or retreat, it’s the land that turns barren)

Sahir Ludhianvi’s timeless words perfectly encapsulate India and Pakistan’s seven-decade conflict over Kashmir.

The recent Pahalgam tragedy, where unarmed innocent civilians were killed, epitomizes the structural violence festering beneath the veneer of negative peace. The traditional ‘social contract’—as Rousseau envisioned—demands the rule of law, not the rule of vendetta. Unfortunately, the response is the reverse.

To raze homes of Kashmiris, calling it dynamite justice—punishing kin for the sins of relatives—is to descend into ‘deep anarchy’. These acts are not justice but absurdity, rather a collective punishment violating every tenet of legal positivism and Kantian ethics. A house destroyed is not merely brick and mortar; it is the ‘polis’ itself collapsing.

State-enforced family separations create hardships for cross-LoC marriages, invoking psychosocial fissures through structural violence. This bifurcation of kinship echoes Luther’s paradox, where authority supplants marital bonds, weaponizing alienation. Collective anxiety fosters social malignancy from partitioned identities, exacerbating anomie and transforming love into geopolitical collateral.

Since 1947, Kashmir has oscillated between wars, sporadic armed rebellion, and ceasefires, with its people reduced to pawns in a zero-sum game of territorial absolutism. The nuclearisation of 1998, far from cementing mutually assured destruction as a deterrent, has instead institutionalised a security dilemma, where both nations invest resources into defence and security while poverty, illiteracy, and climate crises metastasize.

Faiz Ahmed Faiz’s lament—”Yeh daagh daagh ujala, yeh shab-gazida sahar…” (This stained light, this night-bitten dawn…)—mirrors the collective trauma of generations raised on conflict. Soldiers, romanticised as “heroes”, are, as Habib Jalib starkly reminded us, “Insaan ka khoon khoon hai yeh, paani nahin” (This is human blood, not water).

Each casualty fractures families, leaving orphans and widows whose grief is subsumed within geopolitical calculus. Tolstoy’s dissection of war’s banality of evil resonates here; conflict is not chess but chaos, a violation of human reason that thrives on moral disengagement—dehumanizing the “other” through confirmation bias and groupthink.

The Illusion of Victory

The realpolitik of retaliation—exemplified by the pyrrhic victories of 1947, 1965, and 1999—has yielded only frozen hostility. Even the 1971 bifurcation of Pakistan, which birthed Bangladesh, failed to thaw Indo-Pak relations. Today, Dhaka–Delhi ties strain under shifting geopolitical currents, underscoring the fragility of transactional alliances.

Kashmir’s agony, meanwhile, defies temporality, persisting through changing geopolitical eras. Militancy has morphed from tribal incursions to hybrid warfare, yet the core grievance—the people’s will—remains unaddressed. Track II diplomacy flickers intermittently, but without institutionalised peace architectures, hopes for positive peace (rooted in justice, not mere ceasefires) remain ephemeral.

The abrogation of Article 370 in 2019, which stripped Jammu and Kashmir of its special status and downgraded it to a union territory, has led to widespread disenfranchisement and an assembly without legislative power, deepening political alienation.

While some celebrated the move as integration, many Kashmiris faced harsh realities—witnessed various types of communication blackouts, detentions, and economic decline—exacerbating their suffering. The state’s portrayal of Kashmir as a hub of “violence” contradicts the cultural pride of Kashmiris, who see themselves as resilient custodians of heritage, not villains.

Central governance frames dissent as anti-national, sidelining local voices and dismissing their struggle for dignity, turning their quest for identity into a battleground of conflicting narratives.

Resource Wars and the Weaponization of Scarcity

 The recent abeyance of the Indus Waters Treaty (IWT)—a rare triumph of hydro-diplomacy—signals a perilous shift towards resource militarisation. By leveraging control over the Indus, Chenab and Jhelum rivers, India risks turning a 1960s-era confidence-building measure into a provocation for war.

For Pakistan, where 90% of agriculture relies on Indus-fed irrigation, this politicisation of water—a UN-recognized human right—poses an existential threat. The stability–instability paradox theorised by Kenneth Waltz looms large. Nuclear deterrence may prevent total war, but it incentivises sub-conventional conflicts, as seen in Kargil 1999.

Dividends of Peace a Non-Zero-Sum Framework

The dividends of peace are not abstract. India and Pakistan collectively spend $72 billion annually on defense—funds that could instead combat their true adversaries: poverty (22% of Indians, 39% of Pakistanis below poverty lines), illiteracy, and healthcare deficits.

A win-win framework could emulate the European Coal and Steel Community, which laid the groundwork for peaceful integration between France and Germany. Imagine a South Asian energy grid, cross-LoC trade corridors, or a climate resilience pact sharing Himalayan water data. The 2003 LoC ceasefire, though fragile, proved the dialogue’s potential; the IWT’s six-decade endurance—until recently—showcased functional cooperation.

The zero-sum game peddled by extremists—where one’s gain is another’s loss—is a fallacy. The ‘prisoner’s dilemma’ of geopolitics must yield to ‘non-zero-sum solutions’.

Kashmir’s Silenced Voices

Sheikh-ul-Alam, Kashmir’s mystic sage, proclaimed, “Kartal Featrim Teh Gari Meas Dreat” (Alas, I broke my sword and created a sickle from it!) This ethos—transforming instruments of death into tools of prosperity—must guide reconciliation. As Kashmir’s most revered poet Mehjoor implored: “Nayae travev mai thayev panwaen, pouz mohabbat bagrayev panwaen” (Forget the conflict, keep compassion with one another, and spread true love with each other). Let tanks rust into ploughshares. Let soldiers’ children inherit textbooks, not trauma.

In the words of Gandhi, “The day the power of love overrules the love of power, the world will know peace.” Let that day begin in Kashmir. Enough is enough. Let the rule of law be our dharma, dialogue our doctrine.

Rumi said, “Out beyond ideas of wrongdoing and right doing, there is a field. Let’s meet there.” Let us sow prosperity in this field. When Kashmir breathes peace, the world inhales hope. Kashmiris have consistently rejected violence, embraced love, and sacrificed for non-violence they deeply understand.

If one pricks Kashmiris, do they not bleed? Their blood is neither saffron nor green—it is red, a universal hue of humanity. Let Jammu and Kashmir rise—a phoenix from ashes—to reclaim its legacy as ‘heaven on earth’.

Dawn Over Darkness

Rabindranath Tagore’s vision of a world “where the mind is without fear” remains distant, yet attainable. Poverty, illiteracy, and indignity are the true enemies. Amartya Sen reminds us, “Development is freedom.” Let us wage war on want, not on one another.

Sahir Ludhianvi’s plea—”Isliye aye shareef insanoon, jang talti rahay to behtar hai” (O noble humans, it is better to avoid war)—is not idealism but an imperative. Reject rancour; embrace complex interdependence. Initiate the acumen of true diplomacy, not destruction; dialogue, not dogma.

Essentially, in the trenches of food security, farmers from India and Pakistan wage a relentless battle, their tractors as tanks and seeds as bullets in a war against hunger. These agrarian warriors, battle-hardened by droughts and floods, know the frontlines better than any combat zone, their arsenals stocked with grit and monsoon hopes.

While generals might strategise over maps, the real war of attrition is fought in sun-scorched fields where every harvest is a hard-fought victory. A military clash would be a scorched-earth policy, leaving both nations with barren trophies and empty granaries. Let the only fire be the midday sun ripening crops, not artillery; the only ceasefire a shared monsoon blessing both sides of the border. After all, no one wins a war where the collateral damage is tomorrow’s dinner.

Ahmad Faraz, echoing the South Asian ethos of romance intertwined with resilience, poetically asserts: “Hum Palanhar Hain Phoolon Kay, Hum Khusboo Kay Rakwalay Hain” (We nurture flowers, guardians of fragrance). This reflects a timeless regional identity, accepting one and each on the basis of togetherness, outrightly rejecting otherness.

For South Asia’s dawn to be lit by the sickle of peace, its leaders must heed the silenced voices scripting a future where no one loses—and humanity wins.

(Rao Farman Ali is a Kashmiri based researcher and author of a book titled ” History of Armed Struggles in Kashmir-2017 and five other books.)

Courtesy: Kashmir Times

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