On June 15th, social media erupted in outrage when news broke that Delhi’s Lieutenant Governor Vinai Kumar Saxena had sanctioned charges against renowned author Arundhati Roy under the Unlawful Activities (Prevention) Act (UAPA). In the same sanction, was the mention of Dr Sheikh Showkat Hussain, former professor at the Central University of Kashmir. Both figures were sanctioned for prosecution under the same order, yet the outcry has been alarmingly one-sided. This selective outrage underscores a systemic bias ingrained within Indian discourse—a bias that consistently sidelines Kashmiri voices and concerns. It is not merely a coincidence but a deliberate choice that favours views accepted by most Indians while silencing those who question the status quo or fight for their own rights.
The UAPA has been criticised widely for being draconian and undemocratic. The law allows authorities to label someone as a “terrorist” and detain them without presenting any evidence of wrongdoing. Moreover, it imposes strict conditions for granting bail, resulting in individuals languishing in jail for months, and sometimes years, without a verdict. In ‘Behind Bars,’ the Free Speech Collective examined a decade of journalist arrests in India (2010-2020). They found that 154 journalists faced arrest, detention, interrogation, or show cause notices for their work, with over 40% of these incidents occurring in 2020 alone. Additionally, nine foreign journalists encountered deportation, arrest, interrogation, or were denied entry into India during this period.
Interestingly, out of the 16 journalists currently charged under the UAPA, 7 belong to Jammu and Kashmir.
In conversation with BBC, Asif Sultan’s (a jailed journalist from Kashmir) father says, “Asif is a professional reporter and he has been jailed for writing about the militancy. He has nothing to do with them [militants]. They [the government] wanted to make an example out of him so that no one dares to cover topics the government doesn’t approve of.” Fahad Shah, an editor of a digital magazine, was arrested in February 2022 under anti-terror laws, accused of “propagating terror.”
Just a month earlier, freelance journalist Sajad Gul was arrested shortly after posting a video on social media showing locals shouting ‘anti-India’ slogans; he was charged with criminal conspiracy. Both journalists have been rearrested under new charges after being granted bail multiple times. The most recent journalist arrest occurred in March of 2023 when Irfan Meraj, whose work has been featured in international outlets, was accused of having connections to terror funding.
Enshrined in Article 19(1)(a) of the Indian Constitution is the sacred right for every citizen to articulate their beliefs and convictions openly—be it through spoken word, written prose, visual artistry, or any form of expression. Yet, in the contested lands of Jammu and Kashmir, India stands accused of stifling this very freedom. Since the Modi government revoked Jammu and Kashmir’s autonomous status on August 5, 2019, the clampdown on independent journalism in the region has escalated dramatically. Journalists daring to critique government policies face intimidation, harassment, and lengthy investigations. Freedom of speech and press remains tightly restricted, with stringent controls on internet access and the movement of journalists—both local and foreign—feared for their focus on the Kashmir conflict and government actions against Kashmiris.
Throughout 2020, the Indian government persisted in disrupting internet services, only gradually restoring limited mobile and fixed-line access while blocking high-speed mobile connectivity. Police continued their relentless crackdown on free expression, exemplified by a new media policy introduced in June 2020 enabling officials to censor content under the guise of combating “fake news,” plagiarism, and activities deemed unethical or anti-national.
Under the guise of stringent media policies like the 2020 Revised Media Policy and 2021 Film Policy, the Indian government has tightened its grip on information emerging from the region. Despite an initial 18-month internet shutdown, authorities continue to sporadically suspend internet services across Kashmir without warning, maintaining tight control over communication channels.
Journalists found themselves under scrutiny, facing questioning and charges for their reporting. Disturbing reports emerged of journalists being physically assaulted by police and security forces in retaliation for their work, highlighting a dire situation where speaking truth to power exacts a dangerous toll. The abrupt closure of the Kashmir Press Club in 2022 dealt a severe blow to an already dwindling media presence, further restricting independent reporting. Amnesty International’s findings are equally troubling: over 2019 to 2021, at least six individuals, including journalists, human rights activists, and academics, have been arbitrarily prevented from travelling abroad—despite possessing valid documents—through executive actions lacking judicial oversight or formal explanations.
These measures not only undermine the fundamental right to freedom of movement but also highlight a broader pattern of stifling dissent and controlling narratives in the region, where speaking out can lead to isolation and intimidation. Moreover, the control over information allows the government to shape public perception and suppress narratives that diverge from its own agenda. This not only distorts the truth but also hampers efforts to address grievances and find sustainable solutions to the complex issues in Kashmir. Ultimately, the crackdown on freedom of speech in Kashmir is not just a local issue but a global concern. It sets a dangerous precedent for how governments can manipulate information and silence dissent, eroding democratic norms and human rights protections.
In the face of mounting oppression and systemic silencing, the cases of Arundhati Roy and Dr. Sheikh Showkat Hussain serves as stark reminders of the urgent need for universal outrage and solidarity. The suppression of freedom in Kashmir strikes at the heart of the values of justice and liberty. It represents a stark example of how unchecked power can undermine fundamental rights, from the freedom to express dissent to the right to access unbiased information. To ignore these injustices is to condone the erosion of democracy and human dignity. The struggle for freedom of speech in Kashmir is a stark reminder of the universal importance of defending human rights and ensuring that every voice, regardless of circumstance, has the right to be heard and respected.