S H M I R K A ’ S I N T E R N E T SIEGE an ongoing assault on digital rights JAMMU KASHMIR COALITION OF CIVIL SOCIETY PUBLISHED AUGUST 2020 summary Kashmir’s Internet Siege provides an overview of the harms, costs and consequences of the digital siege in Jammu & Kashmir, from August 2019 to the publication of this report in August 2020. We examine the shutdown and network disruptions through a broad-based and multi- dimensional human rights framework that sees internet access as vital in the contemporary world. 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. Mobile internet data speed in Kashmir is currently restricted to 2G internet (250kbps). Even this access remains extremely precarious as localized shutdowns of the internet in specifc districts or areas, often accompanied by mobile phone disruptions, are commonplace, sometimes lasting for upto a week. In this report we contextualise the digital siege in light of long standing, widespread and systematic patterns of rights violations in Kashmir. Digital sieges are a technique of political repression in Kashmir, and a severe impediment to the enjoyment of internationally and constitutionally guaranteed civil, political and socio-economic rights. They curtail circulation of news and information, restrict social and emergency communications, and silence and criminalise all forms of political interactions and mobilisations as “militancy related” “terrorist activity” and threats to “national security”. The Background to the report discusses the legal framework and judicial precedents relating to the denial of digital rights in Kashmir, premised on militarised national security policies and practices. Internet shutdowns and restrictions in Kashmir also raise important questions of collective punishment in the context of an ongoing armed conflict, where the framework of international humanitarian laws applies. We argue that under humanitarian law prolonged and blanket internet disruptions are similar to other kinds of disproportionate and impermissible forms of targeting or blockading of essential civilian infrastructure or services. The digital siege is constituted by varied forms and phases of network disruptions and shutdowns. This report looks at these disruptions through the lens of various international human right norms. Livelihood consequences of the shutdown of August 2019 were severe, and losses suffered by various businesses during the frst fve months alone were estimated at Rs 178.78 billion, with more than 500,000 people having lost their jobs in the valley in the period1. Health indices showed a marked decline, with the months of June-August 2019 showing numbers of hospital visits dropping by upto 38%. Education suffered a major setback, and in August 2020 students enrolled in Kashmir’s 30,000 schools and 400 institutes of higher education marked the frst anniversary of the internet shutdown as a full year without attending school, or college or university. Justice saw systemic delays further compounded by ineffective online hearings. Amidst the internet and telecommunications blackout, more than 6000 detentions and over 600 ‘administrative’ detentions took place around August 5th 2019. Of habeas corpus petitions fled for the release of illegal detainees during the period, 99% remain pending2. Press freedoms and the right to freedom of speech, expression and social participation suffered from the direct impact and chilling effects of online surveillance, profling and criminal sanctions, with police complaints registered against working journalists and over 200 social media and VPN users. 1 This report unpacks the contexts of these disturbing facts, situating them in the light of fundamental human rights to livelihood, health, education, access to justice, freedom of press, free speech and expression, and social and cultural participation. The Covid-19 pandemic and the militarised lockdown in Kashmir re-instituted severe restrictions of mobility and public gatherings, compounding and complicating public health and other challenges of the network disruption. Despite widespread calls to restore full internet connectivity, and constitutional litigation before the Indian Supreme Court, the state continues to justify the throttling of internet speeds on grounds of national sovereignty, dismissing the concerns of international and Indian civil society actors. Through the chapters we focus on the layered impact of the pandemic and trace the consequences for differently located Kashmiris, including students, health workers, and journalists. Speaking with fve individuals provides qualitative insights that animate and punctuate the narrative, and give us a glimpse into ordinary lives lived, and opportunities lost, amidst these crippling restrictions. Through a granular and detailed Timeline we present a temporal visualisation of the fluidity and complexity of the digital siege, as it unfolded through the frst 300 days, across different regional geographies within Jammu & Kashmir. Taken as a whole, Kashmir’s Internet Siege argues that the multi-faceted and targeted denial of digital rights is a systemic form of discrimination, digital repression and collective punishment of the region’s residents, particularly in light of India’s long history of political repression and atrocities. The promise of lasting peace, freedom and justice for the people of Jammu & Kashmir is inextricably tied to digital and human rights in the region. 1 Kashmir Chambers of Commerce and Industry (KCCI) estimates 2 Jammu & Kashmir Bar Association estimates 2 SUMMARY BACKGROUND 04 RIGHT TO LIVELIHOOD 18 SPEAKING WITH YASMIN RASHID CONTENTS RIGHT TO HEALTH 30 SPEAKING WITH HAKIMA BANOO ALI RIGHT TO EDUCATION 39 SPEAKING WITH QURATULAIN REHBAR ACCESS TO JUSTICE 48 SPEAKING WITH KHYTUL ABYAD 3 FREEDOM OF PRESS 57 SPEAKING WITH AIJAZ AHMED BUND RIGHT TO SOCIAL LIFE 70 AFTERWORD TIMELINE: 300 DAYS 85 background As this report is being written, Jammu & Kashmir is under lockdown because of the Covid-19 pandemic. Yet, unlike the rest of the world, currently 12.5 million people in the region can barely video call their friends or family, attend online classes, webinars or conferences, use apps to have their groceries or medicines delivered, entertain themselves by streaming a flm, or download the latest World Health Organization (WHO) recommendations and health guidelines. For the Internet in Kashmir has been restricted by the government, and mobile internet bandwidth is offcially throttled to 2G levels1 (upto 250 kbps), a speed which does not allow full functionality for most web sites and web based applications. This present situation of highly restricted internet speeds is only the latest development in an on-going situation which saw a complete internet shutdown2 as well as the blocking of all communications technologies (including voice calling on fxed line and mobile phones). These had been instituted as a “precautionary” security measure in the run-up to the political changes that were initiated in Jammu & Kashmir on August 5th 2019. This report provides an overview of the harms, costs and consequences of the digital siege in Jammu & Kashmir, from August 2019 to the publication of this report in August 2020. We examine the disruption of network connectivity through a broad-based and multi-dimensional human rights framework that sees internet access as vital to life in the contemporary world. The Internet and social media play an essential role in democratizing the public sphere, facilitating social and economic engagement, mobility and communications, removing barriers to knowledge and information, all while creating an important avenue for solidarity and organizing. This report moves beyond the most often cited direct impact of network disruptions on political and economic freedoms of speech and association, business and trade. We include studies of the effect on the rights to health, education, and livelihood and examine the effects of network disruptions on access to justice and individual and collective security. We also consider the damage done to social and cultural life, which is the basis of the economy and community. In doing so we hope Kashmir’s Internet Siege provides a more integrated, cross-sectoral, and wide ranging view of the devastating and all-encompassing impact of the government’s denial of communications and access to the internet (and the throttling of internet speeds once access is restored). Individual chapters that contextualise the situation in Kashmir in the light of particular human rights standards, and a detailed timeline, are interwoven with brief conversations that highlight the intersecting nature of the discrimination and suffering caused. The report distills the voices and experiences of the siege from a multiplicity of media accounts and published sources, as an all India Covid 19 lockdown placed severe constraints on our ability to undertake feld visits, carry out primary research, and conduct face-to-face interviews. context of the siege On August 5th 2019, Indian parliament amended Article 370 of the Indian Constitution, which, based on the Instrument of Accession signed by the Maharaja of Jammu & Kashmir, was formulated to enable Jammu & Kashmir a semi-autonomous ‘special status’ and its own Constitution. The Indian parliament also approved the partition of the State of Jammu & Kashmir into two directly administered Union Territories