This brief provides critical updates regarding the human rights situation in Indian-administered Kashmir (IAK) in order to facilitate States’ review of India during the fourth cycle of its Universal Periodic Review in a manner consistent with the purpose of the UPR – to improve the human rights situation in the subject state and globally.  The human rights situation in IAK has not improved since the third cycle of India’s UPR.  It has deteriorated in many respects.  India’s longstanding failure to improve the human rights situation in IAK has resulted in widespread, grave human rights violations and atrocity crimes in IAK, contributed to the deteriorating human rights situation in India and exacerbated grave risks to international peace and security.

This brief consists of four parts.  The first part enumerates key recommendations from the previous cycle of India’s UPR that have not been implemented in IAK.  The second part explains why it is critical for States to candidly address the human rights situation in IAK during the fourth cycle of India’s UPR.  The third part summarizes certain human rights violations in IAK that have escalated since the third cycle of India’s UPR.  The fourth part offers recommendations for States seeking to utilize the fourth cycle of India’s UPR to improve the human rights situation in IAK.

In November and December 2022, Indian authorities continued to commit grave human rights violations in Indian-administered Kashmir (IAK). Indian forces killed at least one person in November and nine people in December. Indian forces also claimed to have killed two people who crossed the Line of Control from Pakistan-administered Kashmir (PAK) and apprehended one such person in November. In December, two civilians who worked on an Indian military base were shot and a third was critically wounded as they entered the base.

Indian authorities continued their systematic suppression of the freedom of expression and violations of the social, economic, cultural, and political rights of Kashmiris. The homes of numerous journalists and one lawyer were raided by Indian authorities. One person was sentenced to prison based on social media posts. Authorities expropriated private property worth crores of Indian rupees (or millions of US dollars) for purported terror connections. The Jammu & Kashmir administration announced new land grant rules which authorize the dispossession of local businesses from land subject to long-term leases in contravention of custom and the intent of such leases, facilitating the redistribution of valuable real property rights to non-locals. The administration also unveiled plans to create a database of Kashmiri families in the territory, heightening credible concerns regarding surveillance, silencing, reprisals, and transnational repression. The state-run Jammu and Kashmir Waqf Board contravened long-standing custom by dispossessing local, community-based shrine and mosque committees, bringing Muslim cultural and religious institutions under direct state control. Outside of IAK, Kashmiri students in Uttar Pradesh suffered discrimination and harassment on campus.

A guide that briefly explains international legal concepts and context to facilitate more accurate framing and constructive discussion of the issues related to the crises in Indian-Administered Jammu & Kashmir.