Humayun Aziz Sandeela
Under the administration of Prime Minister Narendra Modi and the Bharatiya Janata Party (BJP), India has witnessed a significant erosion of human rights and institutional independence. Rooted in the ideology of Hindu nationalism, the government has implemented policies that disproportionately target minority communities and undermine democratic safeguards. One of the most profound examples of this trend is the unilateral decision made on August 5, 2019, to revoke the special status of Jammu and Kashmir, which was protected under Articles 370 and 35A of the Indian Constitution. This decision dismantled the constitutional guarantees that defined Jammu and Kashmir’s relationship with India and safeguarded its land rights.
The revocation was accompanied by a sweeping reorganization of the region’s administrative structure. Jammu and Kashmir lost its statehood and was bifurcated into two Union Territories—Ladakh and Jammu and Kashmir—bringing them under direct central government control. This reorganization introduced hundreds of executive orders, amending or repealing more than 400 laws, and reversed decades of land reforms that had redistributed land to marginalized farmers.
The BJP justified these measures by citing the need to accelerate development in Jammu and Kashmir. However, the resulting changes in land-related laws have made it significantly easier for authorities to confiscate and reallocate land for large-scale infrastructure and investment projects as well as attaching the properties of those associated with Kashmir’s liberation struggle. These measures have often had devastating social, economic, and environmental consequences for local communities.
In January 2023, the authorities launched a large-scale campaign to reclaim land allegedly encroached upon in Jammu and Kashmir. This “anti-encroachment” drive led to widespread evictions, demolition of properties, and land seizures, disproportionately affecting indigenous communities such as the Gujjar and Bakarwal, as well as other economically vulnerable groups. Many evictions occurred without proper adherence to international human rights standards, exacerbating the already fragile socio-economic conditions in the region.
The amendments also paved the way for any Indian citizen to purchase land in Jammu and Kashmir, significantly altering the region’s demographic composition. This change has raised serious concerns about the long-term socio-political and cultural impact on the indigenous population.
Land acquisition in Jammu and Kashmir (J&K) has long been a point of contention, with the Indian government using it as a means to exert control over the region. The process often targets agricultural, residential, and forest lands, displacing the local population and fostering a sense of alienation among the people. Since the revocation of Article 370 in August 2019, these practices have intensified, raising questions about human rights violations, demographic changes, and the erosion of local autonomy.
This chronological overview illustrates how land acquisition practices in J&K have consistently sparked protests, reflecting local resistance to policies perceived as exploitative and dismissive of community rights.
Table: Major Land Acquisition Incidents in J&K
| Date/
Period |
Incident | Reason for Acquisition | Impact on People | Response | ||
| 1960s | Land reforms and military base acquisitions | Military and infrastructure projects | Displacement of rural communities; protests by farmers over loss of livelihoods. | Farmers staged protests and strikes against bypassing of state laws, leading to significant unrest. | ||
| 1980s | Expansion of military installations | Security infrastructure | Encroachment on ancestral lands; displacement; widespread protests in urban and rural areas. | Widespread protests erupted in Srinagar and Anantnag, as displaced families and encroached ancestral lands stirred grievances. | ||
| 2015 | Misuse of the Roshni Act | Revenue generation and development | Displacement of vulnerable families; protests over corruption and misuse of laws. | Widespread protests occurred, particularly in Srinagar, with allegations of corruption and disproportionate impacts on vulnerable communities. | ||
| 2018 | Expansion of NH-44 | Infrastructure and troop movement | Loss of agricultural land; inadequate compensation; protests by farmers and affected communities. | Protests in Pampore and Awantipora highlighted the government’s neglect of local livelihoods. | ||
| 2019 | Post-Article 370 land acquisition efforts | Settling non-residents in the region | Fear of demographic changes; widespread protests; erosion of local ownership rights. | Protests erupted Valley-wide over forced land acquisitions and potential outsider settlements. | ||
| 2020 | Amendments in J&K land laws | Facilitating non-resident ownership | Protests by political parties and locals; fear of large-scale land grabbing by outsiders. | Continued protests fueled by allegations of corruption, inadequate compensation, and lack of transparency. | ||
| 2021-2024 | Urbanization and industrialization | Development and economic integration | Displacement of rural and urban communities; allegations of corruption and unfair compensation. | Continued protests fueled by allegations of corruption, inadequate compensation, and lack of transparency. | ||
Below is a chart summarizing the demolitions of properties in connection with land acquisitions in Jammu and Kashmir from January 2023 onward, including notable events and trends.
| Date | Action | Location | Owner/Impact |
| 25 Jan 2023 | Outer wall and guard room demolished | Near Srinagar Airport | Ali Muhammad Sagar (National Conference leader) |
| 28 Jan 2023 | Four-shop commercial complex demolished; 40 shops sealed | Shopian District | Ghulam Hassan Khan (former lawmaker); local shop owners |
| 29 Jan 2023 | 15 kanals (2 acres) of orchard seized | Shopian District | Haseeb Drabu (former Finance Minister, PDP leader) |
| 30 Jan 2023 | Commercial structure seized; part demolished | Anantnag District | Majid Larmi (National Conference lawmaker) |
| 31 Jan 2023 | 2 kanals and 7 marlas (680 m²) of shamilat land confiscated | Shistergam Village, Anantnag | Syed Farooq Andrabi (PDP leader) |
| 1 Feb 2023 | 1 kanal (500 m²) of kahcharai land confiscated | Kokernag Village, Anantnag | Peerzada Mohammad Sayeed (former Congress President) |
| 2 Feb 2023 | Shopping complex demolished; 40 kanals reclaimed from Nedou’s Hotel | Srinagar | Qazi Yasir; Farooq Abdullah’s relative |
| 3 Feb 2023 | Aftaab Market sealed (20 shops closed) | Srinagar | Local business owners |
| 4–5 Feb 2023 | Homes and properties demolished | Multiple districts | Residents (alleging ownership) |
| Feb 2020–Nov 2020 | Demolition of 79 shops and confiscation of 120 kanals of land for road widening | Pulwama District | Local shopkeepers and businesses |
| Dec 2021 | Demolitions in anti-encroachment drive | Humhama, Srinagar | 1,700 households issued notices |
| Feb 2022 | 2,318 kanals (290 acres) transferred for housing colonies | Srinagar, Budgam | Land designated for securitized housing colonies |
| March 2019 | Srinagar Master Plan 2035 announced (transform urban landscape, demolish “encroachments”) | Srinagar | Affected existing settlements |
The key trends emerging from the urban development and anti-encroachment drives in Jammu and Kashmir highlight a significant shift in the region’s socio-political landscape. The primary targets of these drives are structures owned by political figures and local residents, often deemed illegal or in violation of urban planning regulations. Justifications for such actions are rooted in the need for infrastructure development, such as the expansion of roads, railways, and overall urban planning to modernize the region. However, the outcomes of these initiatives have been severe, leading to the displacement of vulnerable communities, the destruction of livelihoods, and the rise of gated colonies that further segregate populations along socio-economic lines. These actions are not spontaneous but are part of long-term plans conceived before August 2019, notably reflected in the Srinagar Master Plan 2035, which aims to reshape the city’s urban fabric and population dynamics, contributing to a broader agenda of altering the region’s demographic and spatial configuration.
Evictions Targeting Tribal and Nomadic Communities in Jammu & Kashmir
| Aspect | Details |
| Primary Affected Communities | Gujjar and Bakarwal (indigenous, nomadic, predominantly Muslim; listed as Scheduled Tribes since 1991). |
| Population Affected | Estimated at 1.5 million (12% of Jammu & Kashmir’s population as per the 2011 Census). |
| Eviction Notices & Drives | – Began in Nov. 2020 under Indian Forest Act, 1927. – 37,000 acres allegedly encroached by 63,000 individuals. |
| Major Eviction Sites | Ramban (4,984 acres), Rajouri (4,877 acres), Poonch (3,639 acres), Anantnag (3,696 acres), Shopian (2,537 acres), etc. |
| Demolition Incidents | – 2020: Pahalgam, Anantnag – 110 kanals (14 acres) confiscated. – 2021: Shopian – 2 dozen homes demolished. – 2022: Jammu City outskirts – 12+ family homes demolished. |
| Domestic Legal Context | – Forest Rights Act (FRA), 2006 implemented in J&K in Sept. 2021. – Article 3(a) of FRA recognizes tribal forest-dwelling rights. |
| International Standards | – UNDRIP Article 10 prohibits forced removals without free, prior, and informed consent. – Article 32 emphasizes consultation with indigenous peoples. |
| Controversies & Issues | – Exclusion of Kashmiri Chopans from FRA. – FRA implementation by the Forest Dept. (contravening FRA provisions). |
| Community Responses | Protests and legal challenges against forced evictions and lack of recognition for traditional forest rights. |
Amendments to the land laws in Jammu & Kashmir, coupled with the introduction of new policies, have enabled the acquisition of land for investment purposes and facilitated the establishment of industrial estates. A significant change to the Jammu & Kashmir Development Act of 1970, introduced via the Jammu & Kashmir Reorganization (Adaptation of State Laws) Fifth Order in October 2020, led to the formation of the Jammu & Kashmir Industrial Development Corporation. This state-owned enterprise was tasked with promoting industrial growth, drawing investments, setting up industrial estates, and advancing corporate farming. The Corporation has been granted authority to acquire land for industrial purposes, even under the Central Land Acquisition Law, 2013.
Following the amendment to the land laws, the Jammu & Kashmir government allocated 24,000 kanals (around 3,000 acres) of land to the Industries and Commerce Department in October 2020 to support investment initiatives. By June 2024, investors had expressed interest in acquiring approximately 62,000 kanals (about 7,700 acres) for industrial estates. In January 2021, the administration approved an Industrial Land Allotment Policy (2021-2030), which aimed to identify and allocate land across the region for industrial projects, with leases spanning an initial 40 years, extendable to 99 years.
As of July 2024, 6,909 applications for land allotment had been submitted for industrial projects, with 5,007 proposals originating from Kashmir and 1,902 from Jammu. These applications primarily sought land for small and medium-scale enterprises in Kashmir and larger industrial ventures in Jammu. Notable investors included Kandhari Beverages, Welspun Group, Haldiram, and Bloomtex from India, alongside Sri Lanka’s Ceylon Beverages and UAE’s Emaar Group.
A report by the Legal Forum for Kashmir in February 2023 revealed that 178,005 acres of land in Jammu & Kashmir—including 25,159 acres in Jammu—had been designated for acquisition by Indian authorities. This land, allegedly seized as part of efforts to remove encroachments, was intended to facilitate private industrial estates under various policies such as the New Central Sector Scheme for Industrial Development of the Union Territory of Jammu & Kashmir, the Jammu & Kashmir Industrial Policy, and the Jammu & Kashmir Private Industrial Estate Development Policy (2021-2030).
By December 2019, local authorities had begun identifying land for companies outside Jammu & Kashmir that expressed interest in investing. Approximately 17,000 kanals (around 2,100 acres) of land were allocated, with significant portions situated in Kathua and Samba Districts in Jammu and Ganderbal, Kupwara, and other districts in Kashmir.
In December 2021, the Indian government hosted a real estate summit and launched a real estate portal alongside agreements with India’s National Real Estate Development Council to encourage investments in Jammu & Kashmir. Critics, including regional political parties, accused the summit of putting Kashmir “up for sale.” The Industries and Commerce Department had designated around 60,000 kanals (approximately 7,500 acres) of land for investment, with 50,000 kanals (around 6,300 acres) in Jammu and 10,000 kanals (around 1,200 acres) in Kashmir.
The following year, January 2022 saw Indian officials signing agreements with UAE-based companies, such as Emaar Properties and Lulu Group International, in Dubai. Emaar Properties announced plans to construct a 46,400-square-meter shopping mall in Srinagar and expressed interest in developing projects related to real estate, hospitality, and commercial and residential sectors in Jammu. Lulu Group International committed to establishing a food processing and logistics hub in Srinagar.
In February 2023, the Administrative Council of Jammu & Kashmir approved the establishment of seven additional industrial estates across the region, spanning a total of 5,290 kanals (approximately 660 acres).
Legal and International Perspectives
UN and International Laws on Land Acquisition in Disputed Territories
The laws related to land acquisition in disputed territories like Jammu and Kashmir (J&K) are shaped by both international conventions and UN resolutions. These legal frameworks aim to safeguard the rights of the local population and prevent unlawful occupation, displacement, and demographic alteration in regions under conflict or occupation. Here’s a breakdown of some key laws and their relation to the situation in J&K:
- Geneva Convention IV (1949)
Provisions: The Fourth Geneva Convention, specifically Article 49, prohibits the forced displacement of people in occupied territories, which includes the transfer of civilian populations into the occupied area or the eviction of the existing civilian population. It also outlines the protection of private property and prohibits its confiscation, unless demanded by military necessity.
Relevance to J&K: Since the revocation of Article 370 and 35A in August 2019, India has altered the legal framework governing land rights in J&K. The introduction of new domicile laws and the facilitation of land acquisition by non-residents contradicts the protection afforded by the Geneva Convention, as it may lead to demographic changes and the displacement of the local Kashmiri population. The settlement of non-locals in the region could be seen as a violation of the principles set forth by the Geneva Convention, which restricts such actions under occupation.
- UN Resolutions on Jammu and Kashmir
Provisions: Various United Nations resolutions, notably UNSC Resolutions 47 (1948), 51 (1948), and 122 (1957), recognize Jammu and Kashmir as a disputed territory and call for the determination of its future status through a plebiscite. These resolutions also emphasize the protection of the region’s demographic and cultural identity.
Relevance to J&K: The implementation of land acquisition laws in J&K, including the granting of land to non-residents, directly conflicts with the spirit of UN resolutions. These actions are perceived by many as attempts to alter the region’s demographic balance, which could undermine the right of the people of J&K to determine their future status. Such measures are seen as violating the commitment to preserving the region’s cultural and demographic integrity until a peaceful resolution is reached.
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
Provisions: Article 11 of the ICESCR guarantees the right to an adequate standard of living, including adequate housing, and protects against forced evictions. This ensures that individuals cannot be arbitrarily deprived of their homes or land without due process and proper legal procedures.
Relevance to J&K: The implementation of land acquisition laws in J&K, particularly those that may lead to the displacement of locals or the forced resettlement of non-locals, potentially violates these rights. The concern arises particularly with the ongoing land acquisition for development projects and military installations, which might displace local populations without offering adequate compensation or resettlement options, thus breaching international human rights standards.
- International Law on Occupied Territories
Provisions: Under the principle of “belligerent occupation” established by the Hague Regulations of 1907 and the Geneva Conventions, an occupying power is not allowed to alter the local population’s demographic makeup or exploit the resources of the territory for the benefit of the occupying state.
Relevance to J&K: The situation in Kashmir is viewed by international bodies and human rights organizations as one of occupation, particularly after India’s abrogation of Article 370 and 35A, which provided J&K special autonomy. The settlement of outsiders in J&K and the facilitation of land purchases by non-residents could be interpreted as an unlawful attempt to alter the occupied territory’s demographics and exploit its resources for non-local benefit. This violates the international legal framework governing occupied territories.
The actions of the Indian government in Jammu and Kashmir—particularly with respect to land acquisition, demographic changes, and the revocation of Article 370—have significant legal and human rights implications. These measures, which target indigenous communities, are at odds with international law, particularly the rights of indigenous peoples and the principle of self-determination. As the situation evolves, it is important for the international community to continue monitoring these developments and hold accountable those responsible for human rights violations in Jammu and Kashmir. The UN and other international bodies should ensure that any land acquisition policies are conducted transparently and with respect for the rights of the local population, in accordance with international standards.
