Unravelling the Impact: The Seizure of Properties and land grab in Indian-Occupied Kashmir
By Altaf Hussain Wani
The
situation in Indian-occupied Kashmir (IOK) continues to evoke international
concern, regarding the systematic human rights violations, perpetuated by
occupational forces for the last 35 years, particularly for the last 5 years
since the Indian government abrogated articles 370 and 35
A which gave Indian
occupied Kashmir a certain degree of autonomy to safe the citizenship and land
rights.
Through
the removal of Articles 370 and 35A in August 2019, the government of India
institutionalised settler colonialism aimed at dispossessing Kashmiri Muslims
of their land and erasing their narratives.
This settler colonial project is facilitated by a surveillance apparatus
that has historical roots in the region’s feudal past, where Hindu elites
exploited Muslim peasants. The Indian
state has systematically dismantled legal protections for land ownership, opened
Kashmir to Indian settlers, and manipulated media narratives to present land
dispossession as reclamation. By controlling the discourse surrounding land
rights and identity, the Indian state seeks to redefine Kashmiri Muslims as
encroachers on their land, thereby reinforcing a narrative of Hindu
indigenization while silencing local perspectives and histories.
The region, already reeling from the impacts of conflict, is now facing a troubling trend of state persecution masked as an “anti-encroachment drive.” Occupying authorities have identified a staggering 178,005 acres of allegedly encroached state land in Kashmir and 25,159 acres in Jammu, targeting residents who have historically owned these lands under legal frameworks like the Big Landed Estates Abolition Act and the Jammu & Kashmir Tenancy Act. This systematic erosion of land rights underscores a troubling militarization of the region under the guise of strategic development.
In a swift two-step process in July
2020, the Jammu and Kashmir Development Act, 1970, was amended to allow the declaration
of “strategic areas” for the armed forces and scrapped a 50-year rule requiring
local consent for land acquisition. These “strategic areas” can now include any
land, including ecologically sensitive forests protected under the Forest
Rights Act, 2006, further broadening military control. With over 56,615 acres
(22,912 hectares) already occupied by defense entities, this policy enables an
unprecedented land grab that not only disrupts the region’s socio-environmental
fabric but also marginalizes local communities, cementing a disturbing
precedent of unchecked state overreach.
This systematic campaign mirrors an
Israeli settler colonial model, as it seeks to displace local populations from
their agricultural and non-agricultural properties, thereby economically
disempowering them. The land retrieval efforts are ostensibly aimed at
facilitating the establishment of private land banks to support the Central
government’s New Central Sector Scheme for Industrial Development in Jammu
& Kashmir, which is aligned with the J&K Industrial Policy and other
related initiatives. This raises serious concerns about the rights of landless
peasants and the potential Reports indicate that since 2023, at least 193
properties have been attached in Indian-occupied Jammu and Kashmir. a statistic
that underscores the urgency of the situation.
The
implications of these property seizures are profound. By displacing local
inhabitants and rendering them landless, jobless, and homeless in their
homeland, the Indian authorities are not merely altering the physical landscape
of Kashmir; they are fundamentally reshaping its socio-economic fabric. The
drive for land cultivation and the annexation of properties have raised
concerns about the influx of settlers from mainland India, particularly members
of the Rashtriya Swayamsevak Sangh (RSS), an organization known for its
nationalist ideology. This demographic shift threatens to alter the religious
and cultural identity of Kashmir, further marginalizing the indigenous
populations.
The
systematic seizure of properties and land grabs has broader implications for
the region’s socio-economic and political landscape. These actions serve to
economically marginalize the Kashmiri population, rendering them vulnerable,
depressed, and increasingly dependent on external forces. This dependency is
exacerbated by the lack of job opportunities and the systematic dismantling of
local governance structures, which historically provided some level of support
and stability. The result is a population that is not only economically
vulnerable but also psychologically impacted by years of conflict and
repression.
The Indian military and security apparatus have employed a range of strategies to suppress dissent and undermine the aspirations of occupied territory. National Investigation Agency has been mandated under section 6 and section 10 of the NIA act to take Suo motu cognisance of any case related to alleged terrorism and confiscation of properties. The Indian government’s approach towards occupied Kashmir has been characterised by a heavy-handed application of draconian laws, most notably the Unlawful Activities (Prevention) Act (UAPA), Armed Forces Special Powers Act (AFSPA), Public Safety Act (PSA) etc.
Under UAPA, individuals advocating for self-determination
or supporting the movement for freedom from India are often labelled as
terrorists. This characterisation not only delegitimises, legitimate political
dissent but also creates an atmosphere of fear and repression, where ordinary
citizens are subjected to arbitrary detentions, harassment, and intimidation.
Such tactics aim to stifle any form of resistance against Indian occupation,
which is fundamentally at odds with the United Nations Security Council (UNSC)
resolutions recognizing the Kashmiri people’s right to self-determination.
Reports of torture, extrajudicial killings, and the use of sexual violence as a
weapon of war have emerging in national and international organisations human
rights Reports and international media, painting a grim picture of life under
occupation. Peaceful protests demanding accountability and justice have often
been met with excessive force, further exacerbating the cycle of violence,
oppression and subjugation.
The
international community has a crucial role to play in addressing these issues.
Increased scrutiny and pressure on the Indian government are essential to hold
it accountable for its actions in Kashmir. Advocacy for human rights and the
protection of the Kashmiri people’s right to self-determination must remain at
the forefront of diplomatic discussions. Furthermore, media coverage and
awareness campaigns can help amplify the voices of those affected by these
policies, ensuring that their struggles are not forgotten.
For
Indian-occupied Kashmir it is not merely
an issue of land; it is a manifestation of a broader strategy aimed at
undermining the economic and social fabric of the region. By rendering the
Kashmiri people vulnerable and dependent, the Indian authorities seek to
consolidate their control over a territory that has long resisted occupation.
As the situation continues to evolve, it is imperative that the international
community remains vigilant and advocates for the rights of the Kashmiri people,
ensuring that their voices are heard and their aspirations for
self-determination are recognized. The path to peace and stability in Kashmir
lies in acknowledging the rights and dignity of its people, rather than
silencing them through oppression and violence.