🕊 International Day in Support of Victims of Torture – 26 June
adminTorture and Draconian Laws in Indian-Occupied Jammu & Kashmir
On the occasion of the International Day in Support of Victims of Torture, observed globally on June 26th, it is imperative to turn our attention to the ongoing and deeply disturbing human rights crisis in Indian-administered Jammu & Kashmir. This region, long plagued by political instability and militarization, continues to suffer from severe forms of state-sponsored violence, including the systematic use of torture. Despite international human rights conventions and India’s formal commitment to democratic values, evidence shows that torture remains an entrenched practice in the region.
This report consolidates field investigations, legal analyses, and testimonies documented by the International Human Rights Observer (IHRO) in 2025. The IHRO, in its special report issued this year, outlines the patterns, severity, and impunity with which torture is being employed against the civilian population in Jammu & Kashmir. It further examines the legislative framework that enables such abuses, along with the legal vacuum that perpetuates them.
Defining Torture and Its Legal Status
“The intentional infliction of severe physical or mental pain or suffering by or with the consent of a public official, for purposes such as obtaining information, punishment, intimidation, or coercion.”
Torture, in the context of international law, refers to the intentional infliction of severe physical or psychological pain upon a person for specific purposes, including punishment, intimidation, coercion, or the extraction of information or confessions. What makes torture distinct from other forms of abuse is its execution by, or with the acquiescence of, state officials or individuals acting in an official capacity.
Four legal criteria must be met for an act to constitute torture: the pain or suffering must be severe, inflicted deliberately, carried out for a specific purpose, and done under the authority of a public official. Victims of torture are entitled to rehabilitation, justice through prosecution of perpetrators, and compensation for their suffering. These rights are enshrined in numerous international human rights instruments, including the UN Convention Against Torture (UNCAT), which India signed in 1997 but has yet to ratify.
The State of Torture in Kashmir: IHRO’s 2025 Findings
In 2025, the International Human Rights Observer released a detailed report documenting the widespread use of torture by Indian security forces in Kashmir. Their findings paint a chilling picture of the situation between January and May of the current year. The IHRO documented 67 confirmed incidents of torture, including 11 custodial deaths, and at least 17 cases of enforced disappearance. Over 500 civilians were detained during military crackdowns across Anantnag, Kulgam, Shopian, and Budgam districts.
The nature of torture was both brutal and systematic. Victims were subjected to electric shocks, beatings with iron rods and batons, and suspension from ceilings. Many were stripped naked, blindfolded for days, and forced to endure sleep deprivation and mock executions. The psychological impact of such methods resulted in post-traumatic stress disorder among numerous survivors. Particularly egregious was the use of sexualized torture, affecting both men and women, including forced nudity and sexual assault with blunt objects. These acts were committed without consequence and, in most cases, without any formal investigation.
Notable Cases of Abuse in 2025
One of the most tragic incidents reported by the IHRO involved a young tribal man named Makhan Din from Kathua. In February 2025, he released a video detailing brutal torture he endured at the hands of police officials. Days later, his body was found by a riverbank, and the case sparked widespread outrage. The Jammu & Kashmir High Court has since demanded a review of the investigation and summoned officers for accountability.
In March 2025, the bodies of several previously detained individuals were recovered from the Bringi Canal in Kulgam. The corpses bore signs of torture, including blunt-force trauma and wrist injuries. Human rights activists have demanded independent forensic investigations, though no such inquiry has been initiated to date.
In April 2025, Farooq Ahmad Dar was used as a human shield during protests in Budgam. He was tied to the front of a military jeep and paraded through the streets to deter demonstrators. Despite video evidence and international condemnation, no legal action has been taken against the responsible personnel. This act is not only unethical but constitutes a war crime under the Rome Statute of the International Criminal Court.
Draconian Legislation Enabling Torture and Impunity
The widespread use of torture in Kashmir cannot be fully understood without examining the network of draconian laws that underpin and legitimize such acts. Among the most notorious is the Armed Forces Special Powers Act (AFSPA), enacted in 1990, which grants sweeping powers to Indian military personnel operating in so-called “disturbed areas”. Under this law, soldiers can arrest, detain, or even kill any individual on mere suspicion. Section 7 of AFSPA offers complete immunity to security forces, making prosecutions virtually impossible.
Another major contributor to the culture of impunity is the Jammu & Kashmir Public Safety Act (PSA) of 1978, which allows authorities to detain individuals without charge or trial for up to two years. Detainees are routinely denied legal counsel and often not even informed of the reason for their arrest. Other legal instruments, such as the Terrorist and Disruptive Activities Act (TADA) and the Prevention of Terrorism Act (POTA), have also enabled unlawful arrests and custodial abuse. Although POTA was repealed, its provisions have been reincorporated under the Unlawful Activities Prevention Act (UAPA).
Supporting legislation such as the National Security Act, Official Secrets Act, and the Newspapers Incitements to Offences Act further restrict freedom of expression and press, often silencing those who expose abuses. The Indian Telegraph Act authorizes mass surveillance, while colonial-era laws like the Enemy Agent Ordinance (1948) and Prevention of Subversion and Sabotage Act (1965) remain active in Kashmir.
Violations of International and Constitutional Law
India’s conduct in Kashmir violates numerous international legal obligations. As a signatory to the International Covenant on Civil and Political Rights (ICCPR), India is bound by Article 7, which strictly prohibits torture and inhuman treatment. The use of civilians as human shields is classified as a war crime under international humanitarian law and the Rome Statute. Enforced disappearances contravene the International Convention for the Protection of All Persons from Enforced Disappearance.
Furthermore, these practices contradict India’s own constitution. Article 21 of the Indian Constitution guarantees the right to life and personal liberty. Despite this, the Indian judiciary has consistently failed to hold security personnel accountable, and civilian prosecutions in cases of torture remain almost nonexistent.
IHRO’s Call to Action
The International Human Rights Observer concludes its 2025 report with urgent recommendations aimed at the Indian government and the international community. It demands the immediate ratification of the UN Convention Against Torture and calls for the repeal or substantial reform of AFSPA and PSA. The IHRO also advocates for independent international investigations into all reported cases of torture and disappearance in 2025, and access for international observers to all detention facilities in Jammu & Kashmir.
In addition, the organization calls for comprehensive rehabilitation programs, legal aid, and financial compensation for victims and their families. Finally, it urges that any military or police personnel accused of human rights violations be tried in civilian courts, with full transparency and adherence to international standards of justice.
Concluding Perspective
The year 2025 has seen a deepening of the human rights crisis in Indian-Occupied Jammu & Kashmir. The findings presented by the International Human Rights Observer reveal a disturbing trend: the normalization of torture, systemic impunity, and the complete erosion of legal safeguards for civilians. From the suicide of Makhan Din to the chilling image of Farooq Ahmad Dar tied to a military vehicle, the events of this year underscore the urgent need for international accountability.
India must be held responsible for its obligations under both international and domestic law. Silence and inaction only embolden the perpetrators and betray the victims. As the world observes the International Day in Support of Victims of Torture, it must not look away from Kashmir.