Jammu and Kashmir: Successive Regimes Have Used Draconian Laws As A Political Tool

• Amnesty International found that by August 2022, the number of habeas corpus petitions increased by 32 per cent, indicating an increase in unlawful detention since 2019

• It reviewed data published by the National Crime Records Bureau (NCRB) and found that there had been a 12 per cent increase in the use of UAPA in J&K since 2019

• It also recorded at least 60 instances of crackdowns on journalists and human rights defenders since August 2019

On the intervening night of August 4 and 5, 2019, police personnel detained Khurshid Alam, a former Member of the Legislative Council (MLC) and Peoples Democratic Party (PDP) general secretary, from his residence in Srinagar. That morning, Article 370 was revoked. Heavy deployment of troops, snapping of landlines, mobiles and Internet and widespread protests followed. By evening, many political leaders were detained, arrested or kept under house arrest. Alam was among them. In September 2019, when his

younger brother, Shahnawaz, died of lung cancer, Alam was given a three-hour parole to attend his burial. It’s something that he is yet to come to terms with, he says. Alam was kept in detention for five months before his release in December that year. Later, He was kept under house arrest for seven months. It’s been a couple of years, but the shadow of detention still follows him.

“The Kothi Bagh police station has become our second home. We are not even allowed to protest against issues like power cuts,” says Alam. He adds: “Last year, on Martyrs Day, I was picked up and taken to one police station, then moved to another before I was released. All I wanted to do was pay homage.”

In Jammu and Kashmir, successive regimes have used draconian laws as a political tool. There have been many instances of people being arrested under the Unlawful Activities (Prevention) Act (UAPA) and the Public Safety Act (PSA). Other intimidation tactics include investigations and raids by the National Investigation Agency (NIA) and the Directorate of Enforcement. There has been a notable spike in the number of unlawful arrests or detentions after the abrogation of Article 370 in 2019. Amnesty International found that by August 2022, the number of habeas corpus petitions increased by 32 per cent, indicating an increase in unlawful detention since 2019. It reviewed data published by the National Crime Records Bureau (NCRB) and found that there had been a 12 per cent increase in the use of UAPA in J&K since 2019. It also recorded at least 60 instances of

crackdowns on journalists and human rights defenders since August 2019.

While 227 people were arrested under UAPA in 2019, 346 in 2020, 645 in 2021, 1,238 in 2022, the 2023 number stood at 1,206. Of the 2,914 people arrested across the country under UAPA in 2023, 41 per cent were from J&K. After the abrogation of Article 370, over 444 people, including politicians, were placed under detention under the PSA, as per the Ministry of Home Affairs data.

Numerous families have been left traumatised forever.

Abrar Rashid, 23, the son of Baramulla MP Sheikh Rashid, also known as Engineer Rashid, who was arrested in 2019 under UAPA, had to wait for five years before he could meet his father in Tihar. “My father is an MP, but they don’t treat him well. Every time I go to meet him, I am forced to take off my socks and belt. We get limited time to talk to each other on the phone through a glass partition. Once, he was transferred to another jail, where he was attacked by transgender inmates,” says Abrar.

Financial crisis followed Rashid’s detention. “His MLA pension was stopped for three years. It was only after the court’s intervention that we got the money. My father has been paying Rs 1.45 lakh to Tihar authorities for travel arrangements for a one-day session in Parliament,” says Abrar. After his father’s incarceration, Abrar was forced to pursue post-graduation in Kashmir and had to let go of his dream to become a doctor. “My mother has gone into depression. My grandparents keep asking when my father

will be bailed out,” he says. Rashid’s brother and Langate MLA, Sheikh Khursheed Ahmad, says that his MP brother was not allowed to attend the last rites of close relatives. “We are unable to speak to him regularly as most of the time the prison-run app-based network doesn’t work,” he says.

Former PDP MLA Noor Mohammad Sheikh says his security cover was withdrawn after his release from months-long detention. “Even now, when we take up routine issues likeFormer PDP MLA Noor Mohammad Sheikh says his security cover was withdrawn after his release from months-long detention. “Even now, when we take up routine issues like power cuts or water shortage, we are not allowed to take out peaceful protests,” he says.

Reminiscing about his experience, PDP leader Ali Mohammad Wani says he was picked up from outside his residence in Srinagar, four days after the revocation of Article 370, and lodged at the central jail in the city. “There was no phone service inside the prison. I couldn’t speak to my family. The detention order against me was issued by the tehsildar, and I had to contest the charges at his office,” he says.

Many political leaders, including Alam, were kept at the government-run Sher-i-Kashmir International Convention Centre (SKICC). “The quality of food served to us was poor. My family was subjected to humiliating treatment and had to apply for permission from the deputy commissioner to meet me. Leaders from different political parties were confined to separate rooms and not allowed to talk to each other. Even on Eid, we remained in detention and couldn't celebrate,” says Alam.

Former minister and People’s Democratic Front chairman Hakim Yaseen was among those lodged at SKICC after he was

arrested from his residence in the high-security Tulsibagh area in Srinagar. In the first week, he couldn’t offer Friday prayers. It was only after ten days that SKICC employees and political leaders could gather in a hall to attend the congregational prayers. “I was locked up in a room, and we were not allowed to speak to each other. My family could not meet me for several days,” he says.

Former deputy chief minister and senior BJP leader Nirmal Singh, who believes that the revocation of Article 370 was a historic feat, remembers the time when he, along with many others, was arrested in 1975 for protesting against the imposition of Emergency by Prime Minister Indira Gandhi. “I was lodged for over a month at a jail in Jammu. Several people were cramped in a small cell of a few feet and had to share utensils,” he says.

While J&K went into a lockdown after the abrogation of Article 370, the Union Territory of Ladakh celebrated. Bifurcation was a long-standing demand from the region.

The agitation for the demand of a separate UT for Ladakh started in 1989, culminating in the formation of the Hill Development Councils in Leh and Kargil. “During the 1989 agitation, three people were killed, and several others were detained. It was the first organised movement to fight for political rights. People felt that they were facing domination by the Kashmiri leadership in jobs and political representation,” political activist and lawyer Mohammad Ramzan says.

Since 2021, residents have led a peaceful movement seeking statehood, job quotas and special status for Ladakh, which they say is essential to preserve their distinct identity and culture. However, large-scale protests for greater autonomy erupted in September 2025 and spiralled into clashes between crowds and the police in which four civilians were killed and at least 80 were injured.

The police arrested scientist and activist Sonam Wangchuk, who has been at the forefront of the protests, alleging he had incited a mob with provocative speeches, a charge he denied. More protesters were then detained as the authorities cut internet services, imposed a curfew in the picturesque capital Leh and sent in paramilitary troops.

Around 70 youths were detained, including members from the Leh Apex Body (LAB) and leaders from the Congress. Padma Stanzin, a LAB youth leader, who was imprisoned for 18 days, says: “I was detained for several days and was repeatedly asked the same set of questions. A case was filed against me for addressing a press conference in which I questioned the Central government for delaying the statehood promise. In jail, I had to share space with those who were facing criminal cases. My mother could meet me once a week, but for only a few minutes. I am out now, but can’t leave Ladakh without the permission of the authorities.”