India: Book ban in Kashmir underscores shrinking civic space for human rights defenders and journalists

The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders, together with five other organisations, have issued a joint statement condemning the ban on 25 scholarly and journalistic books on Kashmir imposed by the Indian authorities. This measure, enforced under Section 98 of India’s criminal code (Bharatiya Nyaya Sanhita, BNS 2023), represents a far-reaching restriction on academic freedom, freedom of expression, and access to information. This ban is especailly concerning because it reflects a broader pattern of repression in Kashmir, where human rights defenders, journalists, and civil society voices face ongoing intimidation, prosecution, and detention under vaguely worded security laws.

The use of Section 98 of the BNS echoes the longstanding misuse of legislation such as the Unlawful Activities (Prevention) Act (UAPA), the Armed Forces (Special Powers) Act (AFSPA), and the Jammu and Kashmir Public Safety Act to silence dissent. These laws, which the Observatory for the Protection of Human Rights Defenders has repeatedly denounced for falling short of international human rights standards, enable arbitrary restrictions and have been used to legitimise serious abuses.

The climate of censorship and surveillance in Kashmir has already had severe consequences for human rights defenders. Prominent Kashmiri activist Khurram Parvez, remains arbitrarily detained under the UAPA, alongside journalist Irfan Mehraj, for their human rights work. The new order authorising police to seize banned publications even from private collections and homes signals a further expansion of state control over civic and intellectual space, creating a chilling effect for human rights defenders, journalists, and scholars.

The book ban is part of a wider strategy to restrict civic space, suppress independent documentation, and ultimatle prevents public scrutiny of human rights violations in Kashmir. It undermines the ability of defenders, scholars, and journalists to preserve historical memory and to share information that is vital for accountability. We urge the Indian authorities to revoke the ban immediately. We further call on the authorities to end any misuse of security legislation targetting peaceful expression, and to guarantee protections for those who continue to speak and write on human rights in Kashmir despite grave risks.