India’s Republic Day, observed on January 26th each year, is a significant occasion commemorating the coming into force of the Constitution of India in 1950. This day commemorates the country’s dedication to democratic ideals. However, as India reflects on its democratic path, there are growing worries about the erosion of civil freedom, ongoing human rights violations, and the rise of a perceived fascism, particularly in the backdrop of Kashmir dispute.
The revocation of Article 370 in 2019, marked a pivotal moment in Indian history, stripping the region of Jammu & Kashmir of its special status and autonomy. While Republic Day is celebrated with fervour across India, it is observed as ‘black day’ in Indian Illegally Occupied Jammu & Kashmir (IIOJK). This is because, it marks the Indian Government’s imposition of direct control from New Delhi, thus undermining the autonomy of the people of the territory under Article 370. The revocation has sparked violent protests as well as charges of human rights abuses in IIOJK. Reports from international human rights groups reveal cases related to use of abusive disproportionate force and arbitrary arrests by Indian security forces, other than the media censorship. These actions have received widespread condemnation as incessant they are seen as a violation of fundamental human rights principles, including the right to life, as enshrined in international treaties such as the Universal Declaration of Human Rights.
The situation in IIOJK is intriguing, raising questions about Indian Government’s commitment to protecting the rights of all citizens, regardless of ethnicity or religion. The revocation of Article 370, while a domestic policy decision, has had profound implications for the region’s political and cultural identity. The Kashmiri people’s right to self-determination, promised under international law, has been a longstanding issue, and the revocation of autonomy only intensified the calls for global intervention. The mishandling of the Kashmir Conflict, has in turn prompted concerns about the true nature of India’s democracy. Despite India’s claims of being the world’s largest democracy, the situation in Kashmir paints a murky picture. Visuals showing blatant use of excessive force against peaceful protesters, strict curfews, internet shutdowns, and detention of political leaders as a common right overshadowed India’s image as democratic country.
Adding fuel to fire is the rise of Hindutva mentality, that has resulted in Muslim underrepresentation in political bodies, administration, and security services. The decrease in the number of Muslim MPs in the lower chamber of the Indian Parliament is being interpreted as evidence of systemic discrimination. This raises doubts on India’s self-proclaimed secular status. How a democratic state can be the greatest violator of human rights, while failing to defend the rights of its minorities. The Modi Government’s recent legislative maneuvers, such as the Personal Data Protection Law and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, resulted in an unchecked state surveillance and censorship. Such moves grant the Indian Government excessive powers, compromising media freedom, privacy rights, and online expression.
International voices, including Human Rights Watch, have consistently raised alarms about discriminatory policies, communal violence, and restrictions on freedom of expression in India. Human Rights Watch’s 2024 Report, emphasizes the disturbing trend of silencing the dissent through state repression against civil society activists, journalists, and political opponents. The report has highlights instances of extrajudicial killings and calls for urgent attention and action from the international community. The report remarked that Indian authorities continued to restrict freedom of expression, peaceful assembly, extrajudicial killings by security forces throughout the year and other rights in Jammu and Kashmir.
Critics and human rights defenders like Kashmiri human rights activist Khurram Parvez and Irfan Mehraj, a journalist formerly associated with Parvez’s human rights organization faced arrests and raids, based on spurious terrorism allegations under Unlawful Activities Prevention Act (UAPA). The report noted that torture and extrajudicial killings persisted, with the National Human Rights Commission registering 126 deaths in police custody, 1,673 deaths in judicial custody, and 55 alleged extrajudicial killings in the first nine months of 2023. It also said that Indian authorities, in the previous year, intensified efforts to silence civil society activists, independent journalists, and even political opponents through threats and the use of politically motivated charges.
As India celebrates Republic Day, the world must not neglect the apprehensions of the Kashmiri people and the importance of a comprehensive understanding of India’s difficulties. The international community’s involvement in encouraging India to address these problems is critical. Calls on the United Nations and G20 countries to denounce human rights breaches and reconsider holding international meetings in disputed territory, highlight the gravity of the situation. India’s Republic Day should be a time for reflection and action on serious human rights issues. Balancing recognition of India’s democratic successes with a commitment to tackling the difficulties in Kashmir, is critical to the country’s legitimacy on the international stage. The world must engage with India to foster dialogue and promoting the principles of democracy and human rights that India has espoused throughout its history.
