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Suryaansh Maithani

India’s land expropriation campaign in Jammu & Kashmir aims to displace Kashmiris, threatening their economic independence and violating international law.

The people of Indian-occupied Jammu & Kashmir are facing a mass land expropriation campaign under the guise of an “anti-encroachment drive.” This initiative, driven by the Indian state, threatens the livelihood of Kashmiris by displacing them from their ancestral lands, with dire socio-economic consequences.

This strategy, facilitated by the Jammu & Kashmir Reorganization Act of 2019, strips the region of its semi-autonomous status and sets the stage for widespread land seizures, raising concerns over its demographic and economic stability.

The 2019 Reorganization Act, passed after the unilateral revocation of Article 370, marked a pivotal shift in Jammu & Kashmir’s history. It divided the region into two Union Territories—Jammu & Kashmir, and Ladakh—and dismantled over 200 legal protections for land and citizenship rights, leaving indigenous Kashmiris vulnerable to displacement.

The Indian authorities have identified over 203,000 acres of land across 20 districts in Jammu & Kashmir as “encroached,” aiming to displace Kashmiris from lands cultivated for generations. The targeted lands, crucial for agriculture and small-scale industries, form the backbone of the local economy. The forced evictions threaten to devastate rural communities dependent on these lands for survival.

This anti-encroachment campaign is more than just a property rights issue; it’s an attack on Kashmiris’ economic independence. In heavily affected regions like Srinagar, Baramulla, and Anantnag, agriculture sustains local populations. In Srinagar alone, 21,916 acres of land have been classified as “state land,” much of it owned by economically vulnerable families. For these communities, losing their land pushes them further into poverty, exacerbating already dire living conditions.

Other districts face similar challenges. In Kupwara, 18,780 acres of land, sustaining entire villages for generations, is at risk. The same holds for Ganderbal, Pulwama, Shopian, Kulgam, and Budgam, where local economies heavily depend on agricultural lands.

India’s actions in Jammu & Kashmir parallel Israel’s tactics in occupied Palestinian territories, where land confiscation and demographic shifts serve to weaken local populations. The anti-encroachment drive seems calculated to replace indigenous Kashmiris with settlers aligned with the occupying state’s interests. This broader strategy is further reinforced by political persecution targeting Kashmiri leaders advocating for self-determination.

Since August 2019, numerous pro-freedom leaders have faced asset seizures, an attempt to suppress dissent. Despite these efforts, the resolve of the Kashmiri people remains firm, with their struggle for internationally recognized self-determination continuing undeterred.

India’s land-grabbing campaign not only violates local laws but also breaches international human rights standards. The United Nations has long upheld Jammu & Kashmir’s disputed status, and unilateral actions that alter its demographic makeup are illegal under international law.

The UN’s 1993 Guidelines on Forced Evictions describe these practices as grave violations of human rights, particularly the right to adequate housing. International law, including humanitarian and criminal law, prohibits the forced eviction of civilian populations, especially in disputed territories like Jammu & Kashmir. Yet, India’s evictions persist despite repeated condemnations from the UN Human Rights Council, Amnesty International, and other rights organizations.

The scale of land seizure is staggering, with over 203,000 acres earmarked for confiscation. The land, allegedly “encroached” by local residents, is being repurposed as state property, undercutting Kashmiris’ ability to maintain their economic foundations.

The international community cannot remain silent. The United Nations must invoke Article 99 of its charter to deploy all available diplomatic and humanitarian measures to protect Kashmiris from forced evictions, and even genocide or war crimes. The UN Security Council should refer India’s actions in Kashmir to the International Criminal Court or establish a tribunal to prosecute those responsible.

Meanwhile, the UN General Assembly and the Human Rights Council should create independent mechanisms to document human rights violations in Jammu & Kashmir, preparing evidence for international legal proceedings. Targeted sanctions—such as asset freezes and travel bans—must be imposed on individuals responsible for violations under international law.

For decades, Kashmiris have fought for their right to self-determination. As India’s land-grabbing tactics intensify, it is critical for the global community to stand with them in their pursuit of justice and freedom.

Muhammad Zain Ul Abdin is a lawyer based in Islamabad, Pakistan. Muhammad holds a Master's degree in International Relations. His areas of interest include India-Pakistan relations, South Asia, Afghanistan, and China.