As the region heads to its first elections in a decade, a new report reveals how the suppression of media freedom, censorship, and arrests have eroded democratic spaces since the 2019 reorganization of Jammu and Kashmir; questions whether the new government will change the environment of suppression.

On September 18, 2024, Jammu and Kashmir will hold its first elections in a decade, and the first since the state’s reorganization in 2019. This significant political event follows the abrogation of Article 370, which stripped Jammu and Kashmir of its special status and statehood, reshaping it into two union territories: Jammu and Kashmir, and Ladakh. The sudden and sweeping changes, enacted amidst an unprecedented communication blackout, had profound effects on democratic freedoms and free speech in the region.

This report by the Free Speech Collective (FSC) examines the current state of freedom of speech and expression in Jammu and Kashmir over the last six years. Drawing from a combination of news reports, government policies, police actions, and anonymous testimonies from journalists and citizens, it highlights the many challenges faced by the press in Kashmir since the 2019 reorganization. From censorship and intimidation to arrests under draconian laws like the Unlawful Activities (Prevention) Act (UAPA) and the Public Security Act (PSA), journalists have been systematically silenced. The shrinking space for independent media, the erasure of critical newspaper archives, and the heavy reliance on government advertising have further constrained the press.

The report also explores the growing use of self-censorship as a survival strategy among journalists, the repression of free movement through the cancellation of passports, and the chilling effect on investigative journalism. As the territory heads into elections, this report raises critical questions about the state of democracy in Jammu and Kashmir. It asks whether, in the midst of such suppression, the media will be able to function freely, and whether voters will be adequately informed as they go to the polls.

Following is the detailed overview provided in the report that explores how events in Jammu and Kashmir have unfolded since 2019 and how they may influence the upcoming elections:

Brief timeline:

Pre-Abrogation Crackdown on Media (2019): As provided in the report, in the lead-up to the abrogation of Article 370, restrictions on the press began tightening. On July 25, 2019, journalist Qazi Shibli was detained under the Public Safety Act (PSA) for tweeting about troop movements. By August 4, 2019, a total communication blackout was imposed, cutting off all internet and phone services. The very next day, Section 144 was enforced in parts of Srinagar, restricting journalists’ movement and their ability to report freely.

During this period, the report provides that newspapers like The Kashmir Times and Greater Kashmir suspended publication, and when they resumed, self-censorship became the norm. Journalists like Irfan Amin Malik and Peerzada Ashiq were detained and questioned for their reporting, while others such as Gowhar Geelani and Zahid Rafiq were barred from traveling abroad.

Escalating Restrictions from 2020 to 2021: According to the report, in January 2020, the Supreme Court had ruled that indefinite internet suspension was illegal. However, the actual restoration of 4G services in Jammu and Kashmir was delayed until February 2021, more than a year after the ruling. The report depicted how throughout 2020, journalists faced increased harassment. Reporters like Mushtaq Ahmed Ganai were arrested, and Masrat Zahra and Gowhar Geelani were charged under the Unlawful Activities (Prevention) Act (UAPA) for their work.

Notably, the reports also pointed to the introduction of a restrictive media policy in May 2020, which further tightened government control over news. In April 2021, the police banned live coverage of security encounters, further curbing journalistic freedom. High-profile arrests, like those of Manan Dar and Fahad Shah, and raids on journalists’ homes became increasingly common.

Shutdown of the Kashmir Press Club and the Suppression of Dissent (2022-2023): The crackdown reached a new level in January 2022, when the Jammu and Kashmir administration shut down the Kashmir Press Club, a key institution for journalists in the region. The press club was controversially reinstated in 2024, but many saw the move as a tactic to control dissent, especially since it was done with the backing of the administration and lacked transparency.

Meanwhile, the report showed how arrests continued during this period as well. Irfan Mehraj, editor of Wande Magazine, was arrested in March 2023 under the draconian UAPA, even as Khurram Parvez, a prominent human rights activist, remains jailed under terrorism charges.

Intensified Suppression and Legal Battles (Late 2023 and 2024): In the latter part of 2023, freedom of speech and civil liberties remained under threat. On November 19, 2023, seven students were arrested under the UAPA for allegedly celebrating Australia’s cricket victory over India with pro-Pakistan slogans. Although the charges were eventually dropped, it highlighted the severe consequences of dissent in the region. That same day, the High Court of Jammu & Kashmir and Ladakh quashed the detention of journalist Sajjad Gul, criticizing the abuse of preventive detention laws by authorities.

The report further provided that in December 2023, the Supreme Court upheld the abrogation of Article 370, a decision that the government framed as a victory for peace and development. However, this was far away from the reality where civil rights advocates remained concerned about the broader implications for democracy and free speech in Jammu and Kashmir. These events provided in the report clearly shows that even as the region moves closer to the 2024 elections, journalists and media personnel continue to face harassment and arrests. On January 30, 2024, the Supreme Court ordered the publication of internet shutdown review orders, a move aimed at increasing transparency. Meanwhile, arrests like that of journalist Aasif Sultan in February 2024 and businessman Tarun Behl in July 2024 underscored the attempts of suppression by an unrelenting union government.

The complete report may be read here