Arbitrary Detentions and Intimidation of Social & Environmental Activists in Jammu & Kashmir


  • November 12, 2024
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Five social and environmental activists have been detained under the provisions of J&K Public Safety Act in Kishtwar district for allegedly attempting to “obstruct” the construction of hydropower projects in Chenab Valley. The National Alliance of People’s Movements (NAPM) has called the detention of these activists, who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, as criminalisation of activism in Jammu and Kashmir, and systematic suppression of local voices.

 

Groundxero | Nov. 12, 2024

 

 Five union leaders – Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan, trade union leaders from Kishtwar district) – have been detained under the provisions of J&K Public Safety Act in Kishtwar district for allegedly attempting to “obstruct” the construction of hydropower projects in Chenab Valley, the Kashmir Times reported on Monday (Nov. 11). 

 

The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing concerns over the increasing health risks and environmental degradation caused by the construction of the hydropower projects in Chenab Valley including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. The locals allege that houses and properties have suffered severe damage due to project-related blasting.

 

Nearly a dozen hydropower projects have either been constructed or are in various phases of development on the Chenab. Geologists and environmentalists have been sounding the alarm and raising concerns over the adverse impact of this unchecked growth of such projects on the ecology and topography of the region. The Kishtwar district has at least seven dams, including under-construction dams. G.M. Bhat, a geologist at Jammu University, who has been conducting research on earthquakes in the region, warns against the unchecked development of such dams. “Earthquakes and cloudbursts have been more frequent in Chenab Valley over the past few years, and if they happen close to lakes or dam sites, the combined volume of water will wash away the downstream habitation,” Bhat told Mongabay-India.

 

According to Bhat, many of these dams in Kishtwar are located either on or near fault lines. “As a result of their structure, water may percolate into the fissures, triggering the earthquake,” he said, while noting that there also exists the threat of glacial lake breach due to an earthquake or a cloudburst. Local complains that the majority of the electricity generated from these projects is sent to other states, while residents of the area face the brunt of the projects. Local activists allege the construction companies are “tampering with nature” and the government should seriously think about it because the “topography of the area cannot handle so many dams”. 

 

It has also been reported by the Kashmir Times that another 25-year-old environmental activist, Rehmatullah Ahmed, was also detained under PSA for allegedly challenging the district administration in Doda over civic issues. The police claimed to have booked Rehamatullah on charges of being an alleged “overground worker and sympathiser of militants” who posed a “threat to the security of the state”. In a report in Wire, Doda MLA and Aam Aadmi Party (AAP) leader, Mehraj Malik, however, sought to link the detention of Rehamatullah with a video interview on November 6 in which the activist had accused the Doda deputy commissioner of failing to enforce the rules governing the disposal of solid waste in the town. Rehamatullah has been vocal about environmental issues and was actively uncovering a solid waste management scam in Doda town, exposing the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment.

 

It is learnt that 22 other persons have also been placed under state ‘surveillance’ and it is feared that they may also be subject to arbitrary detention. These detentions of civil activists have raised concerns among local communities, who view it as a suppression of environmental activism and transparency efforts. The Public Safety Act is a preventive detention law dubbed a “lawless law” by Amnesty International, and has been widely used by the administration in Jammu and Kashmir to silence political dissidents and government critics. The draconian law allows persons to be taken into custody to prevent them from acting against “the security of the state or the maintenance of the public order” in the Union territory. Though Jammu and Kashmir now has an elected government, law and order does not come under its purview, and the police in the Union Territory still reports to the Union ministry of Home Affairs via the Lieutenant Governor.

 

Peoples Democratic Party chief Mehbooba Mufti responding to the detentions, said that people across J&K for the last 5 years have been booked under draconian laws like PSA & UAPA on trivial charges.  The former Chief Minister tweeted on X:

 The National Alliance of People’s Movements (NAPM), along with other people’s organisations and concerned citizens from across India has strongly condemned the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). They view the detention of these activists, who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, as criminalisation of activism in Jammu and Kashmir, and systematic suppression of local voices. NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mislabeled as “anti-national.” It called attempts to silence dissent by branding it as “anti-national” will only weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalised.

 

NAPM has demanded the immediate and unconditional release of all detainees and withdrawal of the PSA charges slapped on them, and the authorities must instead impartially inquire into the allegations of corruption and ensure that ecological justice is prioritised.

 

Even as issues and subjects of federal rights are divided between the Centre and J&K, NAPM said, “We expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.” It expressed hope that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must also live up to this popular mandate.

 

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