The Impact of Digital Repression on Human Rights Situation in IIOJK
The Impact of Digital Repression on Human Rights Situation in IIOJK
Abstract:
This article elaborates in detail how Digital Repression is a violation of human rights, how it has contributed to the grave human rights situation in IIOJK, and how people of IIOJK had and have been suffering due to it. Moreover, political elites have used it for their own purposes throughout. All this is explained by using the theory of digital activism. Data was collected through primary and secondary resources; documentaries, recorded interviews, articles, and books.
Introduction
Digital repression refers to the use of internet blackouts, censorship, monitoring, and harassment to stifle dissent and regulate information. The freedoms of speech, information, assembly, and association, as well as other civil and political rights, are all violated by this type of official persecution. The right to education, health, employment, and development are only a few examples of the economic, social, and cultural rights that are affected by digital repression. The growing use of digital repression reflects a fundamental motivation that states are looking for new methods to influence, monitor and control people for the sake of fulfilling their aims of political activism.
Digital Repression as Human Rights Violation: Digital repression infringes on the freedom of speech and the right to information, both of which are necessary for exercising other human rights including the right to education, health, and political involvement as well as the right to be treated equally and without discrimination. There are several ways in which digital repression can be manifested, including internet blackouts, censorship, monitoring, harassment, and assaults against online activists, journalists, and human rights advocates. In addition to restricting people's freedom of speech and information access, these practices also foster an environment of fear and intimidation that may prevent people from expressing their rights offline.
Particularly during times of adversity like the COVID-19 epidemic, digital repression could jeopardize a society's social and economic progress. Digital repression can hamper attempts to solve the problems posed by the pandemic and to fulfil the Sustainable Development Goals by interrupting vital services like banking, health care, education, and trade. It may further increase already-existing disparities and forms of discrimination against many communities and groups, including women, minorities, disabled people, refugees, and indigenous peoples, who may have additional difficulties in accessing and making use of digital technology.
Digital repression, therefore, is not merely a violation of human rights in and of itself, as it is also a threat to the realization of other human rights and the advancement of peace, justice, and democracy across the world.
Digital Repression and Kashmir issue:
Conflict between India and Pakistan has been centered on the disputed region of Jammu and Kashmir (J&K) since 1947. Both nations claim the whole region, despite the fact that they only have limited control over it. There are large minority of Hindus and Sikhs in J&K along with the predominant Muslim population. Many battles, uprisings, and violations of human rights have taken place in the region throughout the years.
On August 5, 2019, the Indian government, led by Prime Minister Narendra Modi, unilaterally removed J&K's special autonomy in compliance with Article 370 of the Indian Constitution. The government split the state into Jammu and Kashmir and Ladakh, both controlled by the federal. These steps, according to the government, were necessary to guarantee the area's security, development, and integration with the rest of India. But these actions were also accompanied by serious violations of human rights, including the arbitrary detention of hundreds of people, a total communications blackout, and severe restrictions on the right to freedom of movement and peaceful assembly.
Similarly, there are cases of social media profiling in Kashmir, which is also a breach of human rights since it interferes with the people’s freedom of speech and right to privacy. The practice of tracking, gathering, and analyzing the online behaviors, communications, and interactions of people or groups on social media sites like Facebook, Twitter, Instagram, etc. is known as social media profiling. In order to identify, track, and target Kashmiri activists, journalists, and critics who voice divergent opinions or cover human rights abuses in the country, the Indian government has been employing social media profiling, and mostly the missing person cases are due to social media profiling, as their activities are tracked by the profilers.
So, as it entails the unauthorized access to the personal information and communications of the Kashmiri people, without their knowledge or agreement, and without any judicial monitoring or protections, social media profiling is a violation of their right to privacy. The Universal Declaration of Human Rights (article 12), the International Covenant on Civil and Political Rights (article 17), and the UN General Assembly resolution on the right to privacy in the digital age all provide protection for the right to privacy. Any interference with the right to private must be reasonable, essential, and achieve a legal objective, according to the UN Human Rights Committee. But without a clear legal foundation or explanation, the Indian government has been employing social media profiling in a disproportionate, pointless, and arbitrary way.
Adding to this, it has a chilling effect on Kashmiris’ online speech and access to information; they may self-regulate or hold back from expressing their opinions or seeking out information out of concern that they would be singled out by the government. The Universal Declaration of Human Rights (article 19), the International Covenant on Civil and Political Rights (article 19), and the UN General Assembly resolution on the promotion and protection of human rights and fundamental freedoms while countering terrorism all provide legal protection for the right to freedom of expression.
Any limitations on the right to freedom of speech must be authorized by law, have a justifiable purpose, and be necessary and reasonable, according to the UN Special Rapporteur on freedom of expression. But social media profiling has been used by the Indian government as a cover for repressing dissent, silencing criticism, and criminalizing peaceful expression in Kashmir. So just like digital repression, social media profiling is not only a violation of human rights, but also a threat to other human rights.
The impact of digital repression on human rights in Kashmir:
Human rights in Kashmir are a noteworthy complex problem that have been the subject of extensive discussion and debate among numerous stakeholders. Since August 2019, when it abrogated the region's constitutional autonomy and divided it into two federally ruled regions, the Indian government, according to some reports, has enforced protracted and frequent shutdowns of the internet and phones in Jammu and Kashmir. These limitations were explained by the government as being essential to stop the propagation of false or provocative material that would spark violent demonstrations or jeopardize national security.
Critics contend that these actions violate the Kashmiri people's fundamental freedoms of expression, information, assembly, and association and have worsened the humanitarian catastrophe in the area. Additionally, they have noted how the closures have adversely impacted the regional economy by interfering with crucial services including banking, trade, health care, and education. Furthermore, they claim that the Indian government has been imprisoning, harassing, and prosecuting journalists, activists, and political figures who have exposed human rights abuses in Kashmir or criticized the government's policies using harsh laws.
The Indian government is constantly directed by human rights organizations, including Human Rights Watch, to abolish the restrictions on phones and the internet in Jammu and Kashmir and to respect the freedom of Kashmiris to receive information and express their ideas in a free and unrestricted manner. Additionally, they have urged the government to organize hearings with all parties involved to discuss the concerns and aspirations of the Kashmiri people, as well as to look into and punish those responsible for any violations by security personnel accountable.
In point of view of Kashmiris, digital repression is a sort of apartheid, discrimination, and collective punishment that breaches their basic rights and dignity. Their lives, livelihoods, education, health, communication, and access to
India: Repression Persists in Jammu and Kashmir | Human Rights Watch
India: Restore Kashmir’s Internet, Phones | Human Rights Watch
information has all been affected by internet shutdowns, censorship, surveillance, and harassment, and they have expressed their disgust, rage, and sadness over it. The Indian government's assertions of security, advancement, and integration as justifications for its oppressive laws and practices have also been contested by these groups.
Kashmiris have many opinions on digital repression, including:
“It’s a form of digital apartheid. Lack of knowledge exists. Nobody in Kashmir or elsewhere can reach us through technology.” - A Kashmiri student in Delhi3.
“Every area of our life has been impacted by the internet censorship. Online applications for employment, scholarships, or admissions are not accepted. Online courses and tests are unavailable to us. We are unable to receive prompt medical guidance or care. We are unable to voice our concerns or ideas. We're in the middle of a terrible era.” - A Kashmiri teacher in Srinagar4
“The internet blackout is a tactic used to oppress and silence people. We are intended to get cut off from both the outside world and one another. Our identity and heritage are intended to be lost. Our fundamental rights and liberties are intended to be denied to us.”
- A Kashmiri activist in Jammu5
Views of Indian Political Parties on the digital repression in Kashmir:
Depending on their political objectives and ideological attitude, Indian political parties hold a variety of opinions regarding digital repression in Kashmir. Political parties in India have positions on issues such as:
The Kashmir internet blackout and other restrictions are supported by the government's Bharatiya Janata Party (BJP) as necessary measures to guarantee security, development, and integration of the area with the rest of
Kashmir group calls India’s internet ban ‘digital apartheid’ | News | Al Jazeera
India’s Digital Repression In Jammu And Kashmir: A Human Rights Perspective
5Kashmir group calls India’s internet ban ‘digital apartheid’ - The Washington Post
India. The suspension of the internet, according to the BJP, has made it easier to implement its policies and reforms in Kashmir and has stopped separatists and militants from spreading false information and inciting bloodshed.
The Indian National Congress (INC), the largest opposition party, opposes the internet blackout and other restrictions in Kashmir because they are abuses of human rights, democracy, and federalism. The BJP is charged by the INC for putting Kashmir under "digital siege" and depriving its residents of their fundamental liberties. The BJP is criticized for rescinding Kashmir's special status without engaging the region's residents or elected officials.
The National Conference (NC) and the People's Democratic Party (PDP), regional parties in Jammu and Kashmir, vehemently denounce the internet blackout and other restrictions in Kashmir as an attack on the identity, autonomy, and dignity of Kashmiris. The NC and the PDP have petitioned the Supreme Court to overturn the abrogation of Article 370 and have requested the reinstatement of internet access and the release of Kashmiri political prisoners.
Response of International Community:
Kashmir's digital repression has received an immense response from the international community, but primarily, they responded by expressing concern and encouraging the Indian government to uphold the human rights of the Kashmiri people. Some of them are as follows:
The Indian government has been urged to reinstate phone and internet connection in Jammu and Kashmir and to guarantee accountability for alleged human rights breaches in the area by the UN High Commissioner for Human Rights, Michelle Bachelet.
Several statements and communications to the Indian government have been made by the UN Special Rapporteurs on freedom of expression, peaceful assembly, minority issues, and human rights defenders, highlighting the detrimental effects of internet shutdowns, censorship, surveillance, and harassment on the rights of the Kashmiri people, particularly journalists, activists, and minorities.
The UN Human Rights Committee, which keeps track of how the International Covenant on Civil and Political Rights is implemented, has expressed concern over the ongoing restrictions on phone and internet service in Jammu and Kashmir. It has advised India to avoid outright banning these services and to make sure that any restrictions are required, reasonable, and nondiscriminatory.
Reports and briefings from a number of international human rights organizations, including Amnesty International, Human Rights Watch, Reporters Without Borders, and the International Press Institute, have documented human rights abuses brought on by the digital repression in Kashmir. These organizations have urged the Indian government to remove the restrictions, safeguard the right to free speech, and stop harassing journalists and human rights advocates in the region.
In order to resolve the conflict, certain international countries, including those of the United States, the United Kingdom, Germany, France, and Norway, have urged for discussion and respect for human rights. However, several of these administrations have also come under fire for taking a conflicted or ambiguous stance on Kashmir or for having a geopolitical incentive to keep ties with India strong.
Conclusion:
Therefore, it is well known that internet and social media have become an essential part of our lives and their vital role of connecting us to the other parts of the world cannot be neglected at any level. But, as a result of the internet blackout in Kashmir, which has harmed millions of people and seriously violated their human rights and democracy, there has been tremendous economic and social devastation. Respecting the law, restoring internet connectivity, and resolving the conflict's underlying issues can all help to solve the problem. The internet is an essential instrument for communication, knowledge, education, and growth, and it should be safeguarded and encouraged as a venue for the peaceful practice of everyone's basic rights and liberties.
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Written By: Amara Malik
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