United Nations Experts Spotlight Kashmir: A Call for Legal and Political Reform

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Credit: Al Jazeera

The United Nations experts have raised significant alarms regarding persistent human rights violations stemming from India’s counter-terrorism operations in Jammu and Kashmir. This call for urgent reform comes in the wake of a deadly terrorist attack in April 2025 in Pahalgam, which tragically claimed 54 lives. The United Nations experts emphasized that while condemning the attack,

“the widespread rights violations committed in response are unacceptable and infringe upon fundamental human rights guaranteed under both Indian constitutional law and international obligations.” 

These violations include arbitrary arrests, torture, and collective punishment measures affecting thousands of Kashmiris and disproportionately targeting the Muslim population.

Arbitrary Detentions and Human Rights Violations

In the aftermath of the attack, approximately 2,800 individuals were detained under suspicion of militant association; many were held without warrants or due process. The experts found alarming evidence of arbitrary arrests, suspicious deaths in custody, and widespread ill-treatment and torture. They describe the use of draconian laws such as the Public Safety Act and the Unlawful Activities (Prevention) Act as instruments that 

“enable prolonged detention without trial and effectively suppress dissent”.

Several prominent human rights defenders remain imprisoned under these laws, drawing sharp criticism for the lack of legal protections and the pattern of arbitrary detention, which the United Nations experts label as a violation of both criminal justice principles and human dignity.

Collective Punishment and Unlawful Displacements

The counter-terrorism response has extended beyond individual arrests to collective punitive actions. Between April 24 and 27, 2025, Indian authorities demolished at least nine ancestral homes of families suspected of militant sympathies, without court orders or due process. According to the United Nations experts, these acts 

“constitute collective punishment and violate national Supreme Court rulings as well as international human rights law protecting against arbitrary displacement.” 

These measures deepen the sense of alienation among the affected communities and undermine the rule of law. The experts also highlighted increased instances of discriminatory hate speech and social boycotts against Kashmir’s Muslim population, which exacerbate societal divisions and threaten community cohesion.

Impunity and the Obstacles to Justice

A critical dimension of the United Nations’ analysis points to the entrenched impunity enjoyed by security forces in Jammu and Kashmir. Investigations into extrajudicial killings, enforced disappearances, and custodial deaths are frequently delayed or ignored, contributing to a culture where abuses persist unchecked. The dissolution of regional human rights institutions and internet blackouts further obstruct access to justice and limit public awareness and accountability. The experts observed that the Armed Forces Special Powers Act remains a major barrier to accountability, allowing security personnel broad immunity from prosecution.

The Broader Context of the Kashmir Conflict

These recent incidents fit within a protracted and complex conflict marked by violence and rights abuses from multiple actors. Historically, thousands of civilians have died in the Kashmir conflict, with deep scars left by years of counter-insurgency operations and militant violence. The United Nations reports highlight widespread abuses by both state forces and armed groups, painting a sobering picture of the human cost of ongoing hostilities. The oppression of civil and political rights, including suppression of freedom of speech and arbitrary detentions, is a recurrent theme in the experts’ analysis.

The United Nations experts emphasize the crucial need for India to amend its counter-terrorism framework to comply fully with human rights standards. Legal safeguards must be strengthened to prevent arbitrary detention, unchecked use of force, and collective punishments. The experts demand transparent and independent investigations into abuses, reparations for victims, and accountability for perpetrators without exception. They underline that the respect for human rights is integral to sustainable counter-terrorism efforts and peacebuilding in the region. Moving beyond law enforcement alone, the United Nations analysts stress that a peaceful political dialogue between India and Pakistan over Kashmir remains vital to resolving the underlying issues that fuel the cycle of violence and repression.

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