Digital Apartheid in Kashmir

As the rest of the world turned virtual, Kashmiris had access to partial 2G Internet. Kashmir was cut off from a virtual world. The lockdown for Kashmiris was a lockdown within a lockdown.

The Indian government enacts a ‘digital apartheid’ in Kashmir. This reference comes from a report titled 'Kashmir's Internet Siege' by the Jammu-Kashmir Coalition of Civil Society (JKCCS)- a rights group working in Indian administered Kashmir. Published in August 2020, the report describes India's digital apartheid in Kashmir as "a form of systemic and pervasive discriminatory treatment and collective punishment." In addition to the JKCCS report, the work of brave journalists, other activist groups and media outlets, helps make the case that Kashmir is suffering from a digital apartheid. 

BACKGROUND

On the 5th of August 2019, the Indian government revoked the semi-autonomous 'special' status granted to Jammu and Kashmir (J&K) under Article 370 in the Constitution of India. Kashmir was ruled by a Hindu Maharaja but consisted of a majority-Muslim population. Given this dynamic, Kashmir's Maharaja wanted Kashmir to be independent; it would not be part of India or Pakistan. However, after an invasion by Pakistani tribesmen from Pakistan's border into Kashmir, the Maharaja turned to India for help. He signed 'The Instrument of Accession, a document which gave 'the princely state of Jammu and Kashmir' a semi-autonomous 'special' status, under which J&K had its own constitution, flag and legislature.

Still, some Kashmiris wanted to be part of Pakistan, some part of India and some just wanted an independent state. In 1948, the UN called for a resolution demanding a plebiscite to let the Kashmiri people decide their own fate. These elections were to be held under the condition that both sides would de-militarise the region. That failed to happen. India and Pakistan have fought two of their three wars after partition over Kashmir and both claim Kashmir in its entirety. With two nuclear powers engaged in a fist fight over the region and a third peering over the Himalayas (China also claims some territory), Kashmir became described by many as the most militarised region in the world. 

This background explains why on August 5th 2019, when Kashmiris found themselves surrounded by barbed wire, it was a physical symbolisation of what they had endured for years. Before, calls for azaadi ('freedom' in Urdu) echoed from Kashmir's valleys but fell upon deaf ears. This time however, those same calls were silenced by the Internet blackout India enacted on the 4th of August 2019- a day before revoking J&K's special status.  

INTERNET BLACKOUT: THE LONGEST IN DEMOCRATIC HISTORY

After 213 days without Internet, the Internet blackout conducted by India in Kashmir was described as the longest shutdown in a democracy. In January 2020, 2G Internet was partially restored but with subsequent shutdowns. 

The report said "India leads the world in ordering internet shutdowns, and both in terms of frequency and duration, Jammu & Kashmir accounts for more than two-thirds of the Indian shutdowns ordered." It states that there has been 226 documented shutdowns in J&K since 2012 and 70 separate shutdowns in 2020. The work of a technology researcher- Prateek Waghre- is mentioned, who estimates that "a loss of around 3.5 billion hours (and counting) of disrupted internet access for approximately 12.25 million people" has occurred as a result. 

On the 16th of August 2020, 4G Internet was restored in two out of twenty districts in Kashmir on a trial basis to last until the 8th of September 2020. 

India justifies its Internet shutdowns in Kashmir on security grounds, such as preventing the spread of "fake news" and protection from "terrorist" propaganda, which could lead to national security threats, amongst other justifications mentioned in the report. However, the repeated nature of such interventions as well as an examination of specific cases suggests that these Internet blackouts are politically motivated and aimed at repressing dissent. 

LIFE INSIDE DIGITAL APARTHEID  

The denial of Internet access has drastic consequences for a population. The report identifies how the Internet shutdown has affected five international human right norms: livelihood, health, education, justice and press freedoms. Other news agencies have also published articles and reports related to some of these norms.

LIVELIHOOD

According to The Kashmir Chamber of Commerce and Industries, the region's economic losses stand at $5.3 billion, with half a million job losses since August 2019. 

HEALTH

The report quotes an open letter by the Kashmir Scholars Consultative and Action Network (KSCAN), "India is punishing Kashmiris via an internet 2,000 to 20,000 times slower than the rest of the world. The actions of the Indian government constitute denial of critical and humanitarian assistance and as such are criminal and a breach of the Geneva Conventions." 

A separate article published by Human Rights Watch shows how the slow-speed Internet severely affected the COVID-19 response in Kashmir. The article quotes a doctor saying: “It is a new virus – research, studies, guidelines and updates are changing every other day…The internet helps doctors to keep a tab on developments around the world, but we cannot access video lectures or other information in the absence of high-speed internet.”  

EDUCATION

The JKCCS report mentions that many Kashmiri children have not been to school for over a year. A separate articleby The Print says students of Kashmir valley have only attended regular classes for two weeks out of a whole year. While this was initially due to the lockdown imposed by the Indian government on August 5th, Kashmiri children were unable to continue online classes as a result of slow-speed Internet. 

An article by The New Humanitarian quotes a separate report describing the effect of the lockdown since August 2019 on children's mental health: “There is no school, no routine or structure, no healthy recreation, and no sense of safety…" The referenced report cites "local mental health professionals’ assessments that acute anxiety, panic attacks, suicidal tendencies, and symptoms of post traumatic stress were growing among children." 

As a result of the Internet siege, an entire generation is being deprived the right to an education, which is leading to a rising mental health crisis. 

JUSTICE

Many countries experienced issues with online hearings during lockdown, in the context of Kashmir's Internet blackout and subsequent disruptions; justice was delayed and continues to be denied. The report mentions how "Of habeas corpus petitions filed for the release of illegal detainees during the period, 99% remain pending."

PRESS FREEDOMS

Kashmir is continually subject to brutal crackdowns on dissent directed towards the Indian government. The report mentions, "police complaints registered against working journalists and over 200 social media and VPN users" from among the consequences.  

Several Kashmiri journalists were charged under India's draconian anti-terror legislation, the Unlawful Activities (Prevention) Act (UAPA) 2019. A timeline by Amnesty International, shows a history of Kashmiri journalists being targeted since August 5th 2019.  

LET KASHMIR SPEAK 

An article by TRT World highlights how "Many of the Indian government’s powers reflect “colonial vestiges” of laws first implemented during British colonial rule." For example, it mentions the Indian Telegraph Act 1885, "which originally gave British colonial officials authority over telegraph lines in India" and which "provided the basis for Temporary Suspension of Telecom Services Rules in 2017 that formalised the way officials could issue orders for internet shutdowns." A lot of Kashmiri's already view India's revocation of J&K's special status as 'settler colonialism.'  

Amnesty International previously started a campaign called 'Let Kashmir Speak.’  Unfortunately, that still resonates today. As lockdown lifts around the world, Kashmir is still trapped in the layered rubble of multiple lockdowns. The international community should do their best to raise awareness about the situation in Kashmir and demand that India suspend its 'digital siege' in the region. 

India may soon transition to 5G, leaving a legacy of digital apartheid in Kashmir. 

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Ayesha is a LLB student at the University of Leeds. As an aspiring barrister, she enjoys advocacy and has spoken at platforms including Tedx and GESF. She has a key interest in both Public and International law. She is also founder of a student-led initiative 'COSMOS' that organises projects to promote the UN Sustainable Development Goals.

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