ECONOMIC COSTS OF STATE TERRORISM

A Case Study Of
INDIAN OCCUPIED JAMMU AND KASHMIR
 “Racism does not limit itself to biology or economics or psychology or metaphysics; it attacks along many fronts
and in many forms, deploying whatever is at hand, and even what is not, inventing when the need arises.”
— Albert Memmi —

Authored by: Nisar Ahmed Thakur

KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS (KIIR)

Address: Rubbani Center, Basement
Street No: 43, Plot No: 8, F-8/1, Islamabad, Pakistan

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 TABLE OF CONTENTS

BACKGROUND 4

EXECUTIVE SUMMARY 6

KASHMIR BEYOND OCCUPATION 7

DEMOLITION A WAR CRIME

LEGAL PERSPECTIVE; 10

PROPERTY DAMAGE IN DISTRICT SRINAGAR 14

DAMAGE TO CIVILIAN INFRAUSTRUCTURE FROM 1990 T0 2001 15

CHANGE IN POLICY: FROM MERCILESS TO BRUTAL 17

VANDALISM OF CIVILIAN PROPERTY 18

UNMASKING IMPACT OF COLLECTIVE

PUNISHMENT ON KASHMIRIS 19

SUB HUMAN TREATMENT OF KASHMIRIS 20

CONCLUSION 21

GLOSSARY 22

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 BACKGROUND
Setting the context Right
The Kashmir dispute, root causes of which can be traced back to the partition of the Indian
subcontinent in 1947, constitutes a grave threat to peace and stability in the highly volatile
region. Since that day the unsettled dispute like a sword of Damocles hangs over two countries.
Kashmiris being at the center of the conflict between the two nuclear armed neighbors continue
to reap the bitter harvest of the long-pending dispute.

In 1947 the British withdrew from India leaving behind a partitioned subcontinent. Two
independent states, India and Pakistan had come into being. The state of Jammu Kashmir was
at that time one of the approximately 565 “princely” states that had existed in India under the
British. According to the partition plan the princely states had three choices; they could either
accede to India, Pakistan or they could opt to be independent units. This was merely on paper,
in practice, there were only two choices either to accede to India or Pakistan.

Being a territory with solid Muslim majority state JK probably belonged to Pakistan. What
actually emerged was a complicated sequence of events; the despot of Jammu Kashmir, under
duress, declared allegiance to India without respecting the wishes & aspirations of the people of
Jammu & Kashmir. Indian under the pretext landed its troops in Kashmir and virtually occupied
2/3rd of the state. Falling from the frying pan into the fire, the unfinished agenda of the partition
of the subcontinent has pushed the territory to its worst.

On January 1, 1948 the issue was raised by India in the United Nations under Article 35. On
August 13, 1948, the UNCIP passed an important resolution comprised of three parts.1 Part 1
dealt with a ceasefire, Part 2 with a truce agreement, and Part 3 with the determination of the
future status of J&K in accordance with the free and impartial will of the people.

On 5th January 1949, the UN adopted a landmark resolution that guaranteed right of self-
determination to the people of Jammu and Kashmir.2 A commission namely UNCIP (United
Nations Commission for India and Pakistan) was established to investigate the issue and
mediate3 between India and Pakistan. The UNCIP maintained that a plebiscite remained the
most effective means of determining legitimate sovereignty over

The then leadership of India and Pakistan made a solemn pledge of holding a referendum in
the state to allow people of Kashmir to decide their political future. Unfortunately, the Indian
rulers not only backtracked from the promises but also resorted to Machiavellian machinations
to suppress Kashmiris’ legitimate demands and delegitimizing their just struggle for right to
self-determination.

1 The resolutions adopted by the UNSC under UNCIP can be searched by online at: www.un.org/documents/scres.htmwww.un.org/documents/scres.htm.
2 https://www.refworld.org/docid/3b00f1f338.html
3 https://pastmcqs.pk/in-1948-uncip-was-established-to-investigate-and-mediate-the-indo-pakistan-dispute-on-the-future-of-kashmir-what-does-uncip-stand-for/

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Contextualizing the resistance and International Response
Finally, the hope of the Kashmiris to materialize their right to self-determination through peaceful
political struggle began to blur with a drastic shift in New Delhi’s politics of divide and rule. The
Indian rulers’ perpetual denial to grant Kashmiris their rights and to hold plebiscite in the region
ultimately forced the Kashmiri nation to start an anti-India resistance movement in late 1980s.

Despite that the Kashmiris’ struggle spanning over the period of 73 years has been largely
political in nature. Being an occupied nation with enormous sufferings, it is this suffering that
borders the political outlook of their struggle. The leadership of Kashmir, who are democrats in
attitude and progressive in approach, have never shied away from holding dialogue with either of
the countries holding key to the solution. But their urge for a peaceful settlement of the dispute
has always been misconstrued by India as their weakness. Instead of addressing the dispute
through peaceful means of dialogue and diplomacy, the successive Indian rulers have always
treated Kashmir as a colony; exploitation of its resources, killing and maiming its population
through heavy militarization has been their consistent policy. The reckless violence unleashed
upon Kashmiris by the Indian state over the past 33 years has resulted in widespread deaths,
destruction and massive violation of civil and human rights of the Kashmiri people. A number
of people have been rendered homeless on the pretext of counter insurgency operations by the
Indian forces. The Indian forces use disproportionate use of forces as a weapon to achieve the
dual goals of killing resistance fighters and deter the common masses.

Several internationally reputed human rights organizations such as Amnesty International,4

Human Rights Watch and others have regularly and graphically illustrated the plight of Kashmiri
people. More importantly the OHCHR’s landmark report5 of 2018, which serves a bill of indictment
against India’s dodgy and destructive role in the region, called for an independent investigation
into rights abuses committed by the Indian forces. But ironically this rapidly growing global
concern has not been able to break the continued vicious cycle of violence in the region.

4 https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/india/report-india/
5 https://www.ohchr.org/Documents/Countries/PK/KashmirUpdateReport_8July2019.pdf

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 EXECUTIVE SUMMARY
Since the outset of the ongoing resistance movement India used its repressive state apparatus
to crush the Kashmiris’ struggle for right to self-determination. Along with other tools of
oppression, mass and malicious destruction of civilian property has been a main feature of
Indian government’s authoritarian policies that has led to loss of livelihoods and displacement
of local people at an unprecedented scale.

However, this malicious campaign has gained momentum during the recent years in which
number of house demolitions and actions of vandalism by the Indian forces have risen
precipitously particularly in the Kashmir valley - an epicenter of resistance against India.

During the first decade of resistance movement, 1983 property destruction related incidents
were reported from J&K in which 14,306 structures including residential houses, shops,
hospitals, schools and bridges were destroyed by the Indian army as part of its policy to crush
anti-India resistance movement in Kashmir.

At least 255 homes have been destroyed by the Indian forces’ personnel following gunfights
between 2016 and 2020. During these four years an average of 64 structures per year and
5 structures per month were demolished illegally by the forces during cordon and search
operations. This, however, does not include the figure of property destruction in the year 2019
in which instances of destruction of civilian properties by armed forces during night raids were
not reported due to the restrictions and communication blockade enforced on August 5 by the
Indian government. In addition, hundreds of incidents of vandalizing of civilian properties were
reported mainly from the valley’s southern districts that remain largely inaccessible for reporters
and rights activists owing to the restrictions imposed by the Indian authorities.

This report is an attempt to bring into focus the Indian government’s authoritarian policies
towards Kashmir that have had devastating impacts on the livelihood of Kashmiris. It provides
an insight into the dirtiest war tactics such as collective punishments being employed by the
occupation authorities as a tool to punish Kashmiris.

The report also sheds light on the apocalyptic aspect of the continued property destruction
and profound damage caused to Kashmir’s already fragile economy, which has gone vastly
unnoticed at the international level.

The author has applied both qualitative and quantitative methods to prepare the report and
employed commonly used data gathering techniques to obtain relevant data and information.
Pre-existing media reports and documents pertaining to human rights violations documented by
global human rights watchdogs and civil society groups have been used as a point of reference
in the report as in absence of any professional property damage surveys it becomes necessary
to rely on media coverage of the incidents of demolitions and vandalism of civilian property.

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 KASHMIR BEYOND OCCUPATION

Strangulation and Paralysis

Economic Strangulation of Kashmiris has since long been a part of a comprehensive and
systematic settler colonialism campaign of the Indian government in the disputed territory of
Jammu and Kashmir that includes illegal confiscations, dispossession, forced evictions and
demolition of the civilian properties.

Since the outset of the ongoing resistance movement in Kashmir, India has used its repressive
state apparatus to crush the Kashmiris’ just struggle for right to self-determination. Along with
other tools of oppression the Indian state let loose its forces to deal with region’s indigenous
population that refused to accept India’s hegemony over the region. They [Kashmiris] are being
harassed, humiliated, censored, vilified, and treated as anti-state because of demanding their
legitimate political rights guaranteed to them under the UN Security Council resolutions and
other human rights treaties.

To stifle dissent in the region, the Indian rulers introduced black laws such as TADA, POTA,
AFSPA, UAPA and other notorious laws in the state that give virtual immunity to the Indian
armed forces against prosecution for any kind of human rights violations. This sense of immunity
(freedom from punishment) has emboldened the Indian armed forces deployed in the region to
operate freely without having an inkling of any accountability. This culture of impunity in Jammu
and Kashmir is widely viewed as main contributing factors behind the rising incidents of house
demolitions in the valley.

A cursory look at the chronology of events shows a phenomenal increase in house demolition
incidents since 2016. Vandalism, burning and looting of houses of common people during the
military operations; use of deliberate and disproportionate force to inflict damage to civilian
properties has now become a new norm in the Kashmir valley. Besides rendering thousands of
people homeless, the vicious campaign that has been going on unabated for the past several
years has led to loss of civilian property worth billions of dollars.

Unfortunately, this apocalyptic aspect of the India’s belligerent military occupation had dealt
a severe blow to an already fragile economy of Kashmir, has gone vastly unnoticed at the
international level. This report is an attempt to highlight this least talked about yet most
significant aspect of the Kashmir conflict with special reference to economic losses Kashmiris
have suffered under years of the Indian illegal occupation.

Collective Punishment
Demolition of private properties in Jammu and Kashmir remains to be one of the most dangerous
aspects of the Kashmir conflict and belligerent military occupation of the territory by the Indian
state. Over the years the hapless Kashmiris have enormously suffered by India’s barbaric
aggression, both in terms of loss of human life and material devastation.
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In addition to the loss of tens of thousands of precious lives, the prolonged military occupation
has led to massive financial losses to locals. The malicious property destruction campaign used
by the Indian armed forces as a weapon of war against Kashmiris is yet another dangerous
dimension of the conflict that has left undeletable imprints on Kashmiris collective memory.

Since 1990, thousands of residential houses and commercial structures have been raised to the
ground by the Indian army during their so-called military operations. The shameless practice
that constitutes a severe violation of the international law has left homeless thousands of people
who happen to be voiceless victims of the silent war imposed upon them by the Indian state.

The vicious campaign has left behind a harrowing legacy in the shape of burnt-out homes. The
coercive policy mirrors to the settler colonialism policy the Israeli forces have been practicing
against the Palestinian people. In addition to these oppressive measures, the GoI has instituted
several new orders and passed laws that will provide further impetus to the occupation forces’
sinister campaign of house demolitions, seizures, evictions and illegal confiscations in Kashmir.

The rate of house demolitions, seizures, and confiscations of property by the Indian occupation
forces across Jammu and Kashmir, in particular the Kashmir valley, has increased manifold.
Independent observers, civil society activists and rights defenders who have been keenly
observing the situation in Kashmir and played vital role in documenting rights abuses in the
region believe that the Indian forces have been using property destruction as war tactic to inflict
miseries upon the poor Kashmiris and to enable silence on Kashmir.

A vast majority of Kashmiris in the occupied territory see the destruction of their property by
government forces as a ‘form of collective punishment’.6

JKCCS, an amalgamation of civil society groups based in Kashmir in its report has observed
that the systematic policy of house demolitions being practiced by the government (Indian)
forces in the region is not just a form of collective punishment against the local population but
an act which renders thousands of families homeless.

6 https://scroll.in/article/894739/breaking-peoples-will-in-kashmir-gunfights-leave-a-trail-of-destroyed-homes-and-rising-anger

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Rendering People Homeless
The term ‘destruction of civilian property’ refers to physical destruction of a house or any other
movable/immovable property thereof by the Indian armed forces. The wanton destruction of
property, which is merely a part of the larger pattern of ‘collective punishments’ being carried
out in the IoK by the Indian occupation forces, has been going on unabated since the onset of
the ongoing resistance movement in Kashmir, in early 90s. However, the ruthless campaign of
inflicting miseries to common masses has gained momentum7 in the valley soon after India’s
apartheid regime led by Narendra Modi took the reins of power in New Delhi in 2014. Since
then, the Kashmir valley in particular has witnessed sharp increase in the incidents relating to
vandalism, burning and looting of civilian properties in which the Indian forces’ personnel have
been found directly involved. The house demolitions in Kashmir fall typically into one of two
categories:
First, houses may be demolished as part of military operations. Such destructions carried out
by the Indian army or any other law enforcement agency in J&K during the operations could
neither be challenged in the court of law nor is there any judicial procedure available for victims
to claim the compensation for the loss of their property. Most of the encounters usually took
place in a house of a common man. It has been observed that in almost every case be it an
encounter or search operation the army blow up or burn down any house they trap resistance
fighters in. The house is reduced to rubble and for victims there is no door to knock at for the
losses suffered.

Punitive Demolitions
Punitive demolitions refer to the physical destruction of civilian property, which may occur
as part of military’s response against people who they believe are anti-India or persons they
suspect are directly or indirectly supporting the resistance movement.
In recent years three districts of south Kashmir saw huge uptick in the incidents of vandalism
and burning of civilian properties at the hands of Indian forces. Hundreds of houses of common
Kashmiris were reported to have blown in to bits by the Indian army during their operations
in the valley’s southern districts. The wholesale house demolitions serve as evidence of the
increasing state policy of collective punishments against Kashmiris.

Note: All these punitive actions meant to coerce Kashmiris into submission constitute violations
of UNSC and UNCIP resolution, which inter alia calls for protecting civilian lives as well as
public and properties.

7 https://rsilpak.org/2021/home-demolitions-in-indian-occupied-jammu-kashmir/

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 DEMOLITION A WAR CRIME
LEGAL PERSPECTIVE;
There are substantive protections for civilian property in armed conflict under international
humanitarian law. The protection of civilians during armed conflict is a cornerstone of international
humanitarian law. This protection extends to their public and private property.

The value placed on property was due to its protection being an important means to reduce
human suffering, as is indicated in the Commentary to the Fourth Geneva Convention which
states that “the purpose of this Convention is to protect human beings, but it also contains
certain provisions concerning property, designed to spare people the suffering resulting from the
destruction of their real and personal property (houses, deeds, bonds, etc., furniture, clothing,
provisions, tools, etc.).”[21]

Article 258 of the Hague Regulations 1907 prohibits attacking buildings which are undefended
and Article 46 states that family honor and rights, the lives of persons, and private property,
as well as religious convictions and practice, must be respected. Private property cannot be
confiscate. The need to protect property in occupied territories was to ensure that property
would be turned over back to the population.[22]

According to Article 539 of the Fourth Geneva Convention, the occupying power is prohibited
from destroying any property belonging individually or collectively to private persons or to the
state except where it is absolutely necessary for military operations. Doing so would constitute
a grave breach of the Geneva Conventions as per Article 147. Moreover, under Article 8(2)(a)
(iv) of the Rome Statute, “extensive destruction and appropriation of property, not justified by
military necessity and carried out unlawfully and wantonly” is a war crime in international armed
conflicts.

Protected Objects and Property

International humanitarian law establishes provisions for the general protection of civilian
objects and property. It forbids attacks, reprisals, or other acts of violence against such objects,
in both internal and international conflicts.

The study on the rules of customary international humanitarian law published by the ICRC in
2005 (customary IHL study), have recognized that these rules are equally binding in international
and non-international armed conflicts (except in rare exceptions). Thus, these rules are binding
on all parties to the conflict, even those who have not or cannot sign the conventions, such as
non-state armed groups.

Moreover, the international law protects the cultural and spiritual heritage of all peoples (historic
monuments, works of art, places of worship) through various conventions and customary rules.10

8 https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/ART/195-200035?OpenDocument#:~:text=Art.-,25.,which%20are%20undefended%20is%20prohibited.
9 (https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/ART/380-600060?OpenDocument#:~:text=Any%20destruction%20by%20the%20Occupying,absolutely%20
necessary%20by%20military%20operations.)
10 https://guide-humanitarian-law.org/content/article/3/protected-objects-and-property/

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 CHRONOLOGY OF EVENTS
The Kashmir’s recent history is awash with incidents of mass and malicious destruction of civilian
property. There are hundreds of recorded incidents of arson, vandalism, loot and plundering of
people’s private properties in which Indian forces have been found directly or indirectly involved.

Major fire incidents

In mid 1990s, a dozen major fires have erupted in Srinagar, Anantnag, Handwara, Sopore and
other Kashmiri towns, which were deemed as hotbeds of political resistance against India.
In virtually every case, witnesses report that Indian troops set houses and shops on fire with
flammable powder and gasoline immediately following an ambush attack by resistance fighters.11

1. The 1990 Cheeni-Chowk Fire

“More than 100 homes, dozens of shops and three mosques were destroyed in the fire”

A report published in the Washington Post on November 16, 1990 says that suspicious fires
break out in Kashmir at least once a
week, but the most recent big blaze
occurred on Oct. 27, 1990 here in
Anantnag (Islamabad). Flames were
sweeping through the crowded China
Chowk section. Bashir Abbasi the
Fire-chief and his men climbed in their
firetrucks and raced to the scene where
Indian paramilitary forces greeted them with gunfire, according to Abbasi and other firemen.
Two bullets struck fireman Ghulam Ganai, severing a finger and wounding him in the chest. His
firetruck crashed when he slumped at the wheel. “Indian troops shuttled back and forth to the
flames, toting gasoline in their steel helmets and spreading flammable powder on the floors of
houses not yet ablaze, according to about a dozen independent witnesses”, the report said.

China Square was turned into a heap of bricks and rubble. More than 100 homes, dozens of
shops and three mosques were destroyed in the fire. Entire areas, for example, Cheeni Chowk,
Malakhnag, Mehman Mohalla, were burnt down. After burning houses, the CRPF troops burnt
two mosques in the area: Shah Sahib Masjid, Khankhah and Malakhnag Masjid.

Bilal Ahmad Mir an eyewitness to the incident says: I was present at the site of the encounter.
Major Pama came and said whosoever had to die, has died and whatsoever had to be burnt,
has been burnt.

11 https://www.washingtonpost.com/archive/politics/1990/11/16/kashmiris-describe-india-resorting-to-arson-in-rebel-war/7e1c55bd-10b8-41ad-8cf4-
5ee7d76abc7c/

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 2. Handwara carnage
“Fire consumes 36 residential houses, 200 plus shops”

By the fall of 1990, Handwawa witnesses another

carnage, when the 13 Kumaon Soldiers of the
Indian Armed Forces killed 22 civilians, burnt
down three dozen houses, and over 200 shops.12
30 years since the incident, there is no headway
in the case ‘investigation’. The incident turned the
entire bazaar and residential houses into a heap of
ashes besides martyring 27 Kashmir and injuring
approximately 150 people.

Eyewitnesses of this heinous massacre say that the Indian troops had not only burnt the bazaar
(market) of the town and a part of the residential area but also opened fire on innocent people.

3. The 1993 Lal Chowk fire:

“Fire consumed over 50 homes and 260 shops”

The arson attack on the main commercial centre of

downtown Srinagar, Kashmir, which took place on 10 April
1993, consumed over 50 homes and 260 shops. Over 125
civilians were killed in the conflagration and the ensuing
shooting by BSF troops.

4. Sopore Fire
“250 shops & 150 homes destroyed”

In 1993, a similar dastardly act of violence mostly

referred as Sopore Massacre, took place in North
Kashmir’s Sopore town in which Indian Border
Security Force personnel wreaked revenge in
a crowded shopping district. Besides shooting
women and children at random the BSF sprayed a
public coach with machine-gun fire, killing the driver
and more than 15 passengers.

Three other cars were also fired on, and then the paramilitary forces set the vehicles ablaze.
Next, they began herding the native Kashmiris into shops and houses, said witnesses. Then
the security forces shot them, splashed paraffin over the bodies and set the buildings alight.
12 https://freepresskashmir.news/2018/01/25/handwara-massacre-when-the-denied-memorial-resurrected-from-the-wrecks-of-the-watchtower/

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Officially, more than 250 shops and 50 homes were destroyed, but independent sources claim
that more than 450 buildings were burnt down.13

Note: 45+ persons killed, Sopore Market & adjoining areas including shops, houses, College,
School etc. burnt by 94 Bn. BSF14

5. Palhallan fire
In 2001, six shops were burnt down by the Indian troops after two
SOG men were shot in a tea shop in Palhallan area of Pattan.

Houses
Year/Place Shops Vehicles Mosques
Destroyed

1990/Handwara fire 36 200 0 0

1990/Cheenichowk Fire 100 55 0 3

1993/Lal-Chowk fire 50 26o 0 0

1993/Sopore Fire 150 250 12 0

2001/Palhallan 0 6 0 0

Table # 2 given below shows destruction by Indian forces

13 https://en.wikipedia.org/wiki/Sopore_massacre
14 https://www.independent.co.uk/news/world/outcry-in-delhi-over-kashmir-massacre-1477194.html

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 PROPERTY DAMAGE IN DISTRICT SRINAGAR
Disproportionate use of force by the Indian armed forces has led to the loss and damage
of property. Since no proper Standard Operating Procedures (SOPs) are followed during
encounters, the violation of SOPs by the forces has always resulted in the arbitrary use of force.
A case study of Srinagar shows that at least 17 encounters have taken place in the capital city
between 2016 and 2020 in which armed forces resorted to destruction and vandalism of private
properties.

Place of
S. No. Date Details
encounter

A newly constructed house was destroyed during an alleged gun-

1 13-02-2018 Karan Nagar
battle in Karan Nagar

Several houses including the one in which resistance fighters were

2 05-05-2018 Chattabal allegedly hiding in were destroyed by CRPF during the CASO in
Gasi Mohalla Chattabal

In this encounter a civilian was killed and the house was blown
3 17-10-2018 Fateh Kadal into bits by the army. Slain youth was the son of the owner of the
house where encounter took place.

An encounter between Indian armed forces and resistance

4 24-10-2018 Nowgam fighters took place at Wanbal Nogam. The encounter according to
witnesses left nothing but a damaged structure only.

5 19-05-2020 Nawa Kadal

According to a report carried by NewsClick, over a dozen homes

were burned down and many others were allegedly plundered by
6 17-09-2020 Satamaloo
security forces involved in an operation that resulted to the killing
of two resistance fighters

A residential house was destroyed by the Indian security forces

7 30-12-2020 H.M.T
during an alleged encounter with resistance fighter
Indian forces resorted to vandalism after an encounter, broke
window panes of houses, ransacked, and all the edibles, including
the milk, was consumed

Here are the details of major encounters in which damage was caused to civilian properties

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 DAMAGE TO CIVILIAN INFRAUSTRUCTURE
FROM 1990 T0 2001
A total of 1983 incidents of property demolitions have been reported from different parts of
the Indian occupied Jammu and Kashmir in which 1932 shops, 1063 residential houses, 11
hospitals, 333 bridges, 633 educational institutions and 1134 government buildings were either
completely or partially destroyed by the Indian forces during their operations across the state.
Damage caused to civilian infrastructure from 1990 to 2001

Total Govt. Educational Private

Year Bridges Hospital Shops
Incidents Buildings buildings House
1990 646 501 129 172 0 1242 202

1991 391 45 24 24 0 819 83

1992 564 65 57 28 0 2312 200

1993 662 98 46 34 0 1110 400

1994 606 172 119 46 4 666 162

1995 688 127 133 16 2 1814 402

1996 482 52 68 2 3 602 161

1997 259 13 11 5 1 437 63

1998 177 13 515 1 0 273 66

1999 136 7 9 2 0 284 6

2000 129 14 6 1 0 330 107

2001 274 30 16 2 1 419 77

Total 1983 1134 633 333 11 10263 1932

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 FROM 2015 TO MARCH 2018
At least 105 homes were destroyed following gunfights between 2015 and March 2018 in
Kashmir’s Pulwama district. Residents’ accounts and videos on social media show Indian
security forces setting fire to houses after tracking resistance fighters and then standing by and
watching them burn.15 JKCCS in its report termed 2018 as a deadliest year in terms of House
demolitions. Below are the details of some incidents that have been reported by the local press.

House
Date Damaged Place Remarks/references

12-Feb-18 2 Karan-Nagar Srinagar Damage estimated at around Rs 70 lakhs16

15-Mar-18 4 Balhama, Khunmoh Houses damaged completely17

1 Kachdora, Shopian House blasted by army18

30-April 2 Drabgam, Pulwama Two Houses partially damaged19

…….. 2 Turkwangam, Shopian During CASO20

May 6 1 Badigam, Shopian During encounter21

May 12 2 Barpora, Pulwama After Gunfight22

June 19 1 Naneepora, Tral House detonated with explosive by Indian army23

June 22 1 Nowshehra, Islamabad House severely damaged during encounter24

June 29 1 Chapora, Pulwama House blasted by army25

July 10 2 Kundalan, Shopian Houses damaged due to heavy shelling by Indian army26

July 22 3 Kulgam 2 residential houses, 1 Commercial building damaged in encounter27

July 25 1 Mehmaan Mohalla, Islamabad Indian forces blasted the house28

August 24 2 Vailoo, Kokernag in Anantnag. Indian forces blasted the houses during an encounter29

August 29 4 Muniward, Islamabad 1 house completely razed to the ground and 3 houses around damaged partially

August 1 Amshipora, Shopian residential house of a resistance activist set ablaze by Indian Army forces’ personnel30

December, 8-9 8 Mujgund 8 houses damaged; 9 families dislocated31

15 https://www.aljazeera.com/gallery/2020/5/20/in-pictures-kashmir-homes-reduced-to-rubble-during-gun-battle
16 http://www.uniindia.com/encounter-ensues-during-caso-in-kupwara/states/news/1375520.html 12
17 http://kashmirlife.net/khunmoh-gunfight-four-houses-damaged-as-firing-stops-168276/
18 http://www.risingkashmir.com/news/south-kashmir-gunfights-forces-blast-the-house-at-kachdoora-322706.html
19 https://kashmirlife.net/drubgam-encounter-the-complete-story-173326/
20 http://www.greaterkashmir.com/news/kashmir/south-kashmir-shopian-siege-ends-militants-escape/283960.html
21 http://www.risingkashmir.com/news/blood-drenched-sunday-325190.html
22 http://www.greaterkashmir.com/news/kashmir/crpf-trooper-killed-civilian-injured-in-pulwama-gunfight-militantsescape/284941.html
23 http://www.greaterkashmir.com/news/kashmir/two-militants-killed-crpf-officer-injured-in-ongoing-tralgunfight/288316.html
24 https://kashmirlife.net/srigufwara-encounter-the-complete-story-178356/
25 https://www.greaterkashmir.com/news/kashmir/pulwama-gunfight-over-three-militants-civilian-killed/289160.html
26 https://www.greaterkashmir.com/news/kashmir/2-militants-teenage-boy-killed-in-shopian/290173.html
27 https://kashmirlife.net/redwani-encounter-the-complete-story-181311/
28 https://www.greaterkashmir.com/news/kashmir/two-let-militants-killed-in-anantnag-gunfight/291524.html 14 August 2018
29 https://www.greaterkashmir.com/news/kashmir/kokernag-gunfight-over-militant-killed-three-civiliansinjured/294247.html
30 http://www.risingkashmir.com/news/militant-families-in-south-kashmir-accuse-forces-of-resorting-to-vandalism332341.html
31 https://www.youtube.com/watch?v=sonXHfQ3Cak

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 YEAR 2019-2020
JKCCS’s report from 2019 noted that 18 residential homes were destroyed by the Indian army
in the first quarter of 2019, after that, restrictions as well as the communications blockade
meant that destruction was not reported.32
A total of 114 homes were destroyed during military operations in 2020.[5] In May 2020, 22
homes were burnt down in Srinagar during a 12-hour long gunfight between Indian police
and paramilitary forces and resistance fighters, leaving dozens of families homeless during the
coronavirus outbreak.[6]

TABLE #4: YEAR WISE DETAIL

Year Structures destroyed Remarks
2015-2018 105 Residential houses
2019 18 Residential houses
2020 114 Residential houses
2021 135 Residential houses

CHANGE IN POLICY: FROM MERCILESS TO BRUTAL

In recent years, Indian armed forces in Occupied Kashmir have burnt down civilian property
during siege and search operations. This policy marks a change in approach whereby occupation
forces now opt to burn down homes where they suspect “resistance fighters” are hiding rather
than holding prolonged gunfights.
They now burn down homes using explosive devices or flamethrowers instead of holding
prolonged gunfights with militants arguing that material damage is more acceptable to the
public over the loss of life.33  
32 Home Demolitions in Indian Occupied Jammu & Kashmir (rsilpak.org)
33 Home Demolitions in Indian Occupied Jammu & Kashmir (rsilpak.org)

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 VANDALISM OF CIVILIAN PROPERTY
Vandalism of civilian property is yet another dangerous phenomenon that is being used by
the Indian forces’ personnel as a tool to inflict miseries upon the Kashmiri people. It has been
observed that the forces’ personnel usually resort to vandalism, looting and plundering and
burning of civilians’ properties during cordon and search operations. They destroy each and
every thing that comes in their way to create a climate of fear amongst the masses.

In the year 2017, 13 incidents of vandalism have been reported from the valley. Here are the
details of the incidents in in chronological order:

Place
Date Damage caused to property
village / district

Indian armed forces damaged property smashed the windowpanes of residential

July 10 Kulgam
houses in Kulgam area of Kashmir. Parked vehicles were also damaged.

Soldiers of 44 RR from a nearby camp attacked Kanipora village, smashed

…… Kanipora/Shopian parked vehicles, ransacked residential houses and three mosques, and beat-up
villagers.
Indian forces damaged a 250 KVA transformer by firing bullets into it, smashed
July 11 Alyalpora/Shopian
several parked vehicles

Indian army attacked Shopian’s Jamnagri village damaged window panes of

July 13 Jamnagr/Shopian
residences and parked vehicles.

July 15 Islamabad Hanfia Jamia Masjid ransacked

Indian forces vandalised properties of villagers, broke doors, windows and
July 23 Nillow/ Kulgam smashed refrigerators, TVs bikes, cars and load-carriers during the night
following July 22.
Army men from a nearby camp attacked the village. ransacked houses and
Oct 13 Devas Khaipora/Budgam
thrashed the inmates without any provocation

Homes raided and property vandalised by armed forces on the intervening night
Oct 18 Shopian
of October 17 and 18

Armed forces beat up the locals and ransacked their houses, broke window panes
Oct 20 Hajin/Bandipora
and vehicles after clashes broke out between local youths and army soldiers.

Army ransacked houses, thrashed the locals in Wagad village of Tral in Pulwama
Oct 23 Wagad/Tral/Pulwama
district following protests against the forces’ vandalising a local militant’s house

Indian forces personnel ransacked residential houses, damaged properties at

Nov 08 Khaigam/Pulwama
Khaigam village of Pulwama

Armed forces smashed everything that came in their way, including vehicles and
Dec 06
windowpanes of several houses after few boys pelted stones at the army vehicle.

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 UNMASKING IMPACT OF COLLECTIVE
PUNISHMENT ON KASHMIRIS
The destruction of the civilian properties and other punitive actions by the Indian forces
against the Kashmiris have had a devastating impact on their lives. Besides inflicting huge
loss to the region’s already fragile economy these punitive actions have resulted in the internal
displacements, dispossessions and deprivation of livelihoods of thousands of Kashmiri families.

According to data gathered by different governmental and non-governmental organizations

working in the region a total of 110,440 structures have been destroyed either completely or
partially by the Indian armed forces’ personnel during their acts of state terrorism.

At least 1983 property destruction related incidents, widely reported by the local press, have
taken place between 1990 and 2000, in which 1932 shops, 10263 residential houses, 11
hospital, 333 bridges, 633 educational buildings, 1134 government buildings were destroyed
by the Indian army as part of its policy to counter anti-India resistance movement in Kashmir.

At least 105 homes were destroyed following gunfights from 2015 to March 2018 in Kashmir’s
Pulwama district alone. According to the data compiled by JKCCS, 143 encounters took place
between Indian armed forces and the Kashmiri freedom fighters in 2018. During this period of
time 120 cases of damage to civilian houses were reported in which 31 houses were completely
burnt while 94 were partially damaged. Furthermore, hundreds of incidents of vandalizing of
civilian properties were reported from Kashmir’s southern districts including Shopian, Kulgam,
Pulwama and Islamabad.

These policies, which have the clear aim of solidifying India’s grip on disputed territory thereby
destroying their economy and taking control of their resources, are in open contravention
of the international law. The current Indian policies, practices, and actions in the occupied
Kashmir with respect to the destruction of private property constitute a flagrant violation of the
International Humanitarian Law and other relevant human rights treaties, which discourage the
use of disproportionate force in armed conflicts. Under the IHL and other relevant laws such
as the UNCIP and UNSC resolutions, India has a duty to administer the territory of Jammu and
Kashmir under its control for the benefit of the Kashmiri population, all of whom are considered
to be “protected persons” under the Geneva Conventions.

The obligation to govern the territory for the benefit of the protected population includes
maintaining law and order, protecting civilians from any form of violence, and ensuring that their
rights and needs are provided and protected. As part of these responsibilities, the Indian state
is duty bound to protect the life and properties of every single Kashmiri residing in the state of
Jammu and Kashmir.

So far as the protection of life and property of the people in Indian occupied Kashmir is concerned,
the Indian state and its successive rulers have utterly failed in upholding the commitments and
responsibilities they had assumed under the UNCIP resolutions.

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS
 SUB HUMAN TREATMENT OF KASHMIRIS
The Indian forces operating under a host of draconian laws in Kashmir have been found guilty
of gross violation of Special Operating Procedures (SOPs). it has been observed that the forces’
personnel during their operations do not follow at all the rules of engagement and procedures
illustrated in the sub-conventional document released by the Indian army in 2006.34 The document,
which reflects the human rights aspect of counter-insurgent operations, reinforced the need for
operations based on specific intelligence, which caused least inconvenience to the population.
It outlined the army’s overall approach to human rights on the basis of four principles which
guide its operations. These are: (1) Deep respect for human rights and scrupulous upholding
of laws of the land. (2) Ensuring awareness amongst all ranks on human rights. (3) Expeditious
investigation and disposal of alleged human rights violations. (4) Promulgation of punishment
meted out to defaulting personnel for deterrent effect.

India’s Northern Command that largely oversees and controls operations in the territory had
incorporated these guidelines/self-imposed restrictions as the basis for detailed rules of
engagement for the forces’ personnel operating in Jammu &Kashmir.

These rules included (a) No unilateral search, (b) Avoid large-scale operations/enforcing
population control measures causing discomfort to locals. (c)

Operations on concrete intelligence indicating likelihood of terrorist action only. (d) Joint
operations with police to ensure higher transparency and accountability where ever possible.
(e) All apprehended persons are to be handed over to civil police with least deal and within
24 hours. (f) No search of ladies without lady -police. (g) Recoveries (weapons and bodies)
handed over to police. (h) Transparency in operations—media and public scrutiny. (i) Regular
training and advisories on human rights issue. (i) All civilian casualties as a result of action of
the army should be provided first aid. (j) Use of maximum night sights for operations at night.
(k) Minimum collateral damage, only as operationally justifiable. (l) Principle of minimum force,
good faith, impartiality and necessity should be ensured.

As per the sub-conventional doctrine, the Indian armed forces were supposed to adhere to
certain rules while conducting what they call it as “insurgent operations”. Sadly, in practicality,
there has been no proper operating procedure followed in Kashmir relating to combat operations.

The JKCCS on 24th November 2014 through Right to Information asked the Ministry of Home
Affairs of the government of India and the Jammu and Kashmir Police Department to share the
information and relevant documents regarding the Standard Operation Procedures (SOPs) for
the armed forces related to combat operations (encounters, arrests and search). JKCCS said
that Jammu and Kashmir Police Headquarters vide letter no: KZ/CR/2014/359-64/34267-68
dated: 22/12/2014 has informed that “the information sought by you about the SOPs relating to
combat operations falls under section 8(1) (a) of the Act (JKRTI Act 2009) and is also not in the
largest interest of the Public”.35

34 https://idsa.in/system/files/opaper/op_42_indian-army-vivek-chadha.pdf
35 http://www.scoopnews.in/det.aspx?q=43491, last visited 22-11-2018

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Generally, police and other law enforcement agencies in Kashmir keep talking about up-holding
the rule of law and following the SOPs during the encounters in Kashmir. These include:
1. Safe passage to the civilian population within 100 meters of the encounter site.
2. Police officers should wear a name plate.
3. No direct media coverage.
4. Chance of surrender to be given to the insurgents; directly or by their parents.
5. Use of proportionate force.
6. No human shield to be used.
7. To sanitize the encounter site before leaving the place.
However, not even one among them is followed in a true spirit.

So far as the response from the Indian judiciary is concerned, it has been silent on the issue of
standard operating procedures with respect to encounters.

CONCLUSION
The Indian held territory of Jammu and Kashmir has been in a state of turmoil for over the past
30 years. Everyday mayhem and carnage on the streets have taken a heavy toll on the region’s
fragile economy.

Along with bloodshed and violence the extensive and intentional damage inflicting policy being
used as a weapon of war by the Indian army has rendered thousands of people homeless
besides depriving them of their livelihoods.36 Properties worth billions of dollars have been
destroyed by the Indian military forces as part of their policy to crush rebellion in Kashmir. These
coercive actions and use of disproportionate force by the Indian military and paramilitary forces
during their operations is costing too much to the local population. While Kashmiri homes
become collateral damage in gun battles, civilians bear the brunt of conflict as Indian forces
blow up houses as part of their offensive against the resistance fighters.37

Though in absence of a thorough property damage survey, it is quite difficult to ascertain the
exact figures and losses the Kashmiri people have suffered over the years but despite that the
trail of destruction, which remains well documented in the form of media and other reports
released by civil society organizations and the rights watchdogs working in the region, is
sufficient enough to awake the world’s conscience.

KEY RECOMMENDATIONS
Given the terrible consequences of the silent war it is imperative that the international community
in particular the influential world governments that has by and large witnessed the situation in
Kashmir like a bystander must wake-up now and discharge its legal and moral obligations and
36 https://www.aa.com.tr/en/asia-pacific/military-operations-rendering-people-homeless-hopeless-in-kashmir/2281499
37 https://www.aljazeera.com/features/2018/1/13/kashmiri-homes-become-collateral-damage-in-gun-battles

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KASHMIR INSTITUTE OF INTERNATIONAL RELATIONS
use its political and diplomatic clout to influence upon the government of India to;
a. Put an immediate end to the colonial war tactics aimed at economic strangulation of
Kashmiris.
b. Allow UN fact-finding mission to visit the valley to assess the situation on the ground.
c. Allow a thorough property damage survey to ascertain losses people have suffered over
the past three decades.
d. Respect its obligations vis-à-vis protecting the lives and property of civilians in occupied
Kashmir.
e. Hold its army accountable for the war-crimes they have been committing against Kashmiris.
f. Initiate an independent inquiry into unlawful property demolitions that clearly violate
national laws and international human rights law.
g. Halt all further expropriations, evictions, and demolitions.
h. Provide victims access to an effective complaint mechanism that addresses grievances in
a clear and transparent manner and a remedy.
i. Ensure that mechanisms to provide property owners with compensation for expropriated
property are fair and transparent, with a clear basis in law.

GLOSSARY
Term Definition
RF Resistance fighters
IoK Indian occupied Kashmir
J&K Jammu and Kashmir
GoI Government of India
CRPF Central Reserved Police Force of India
BSF Border Security Force
UPR Universal Periodic Review
UNCHR United Nations Commission for Human
Rights
UNCIP United Nations Commission for India and
Pakistan
JKCCS Jammu and Kashmir Coalition of Civil
Society
POTA Prevention of Terrorist Act
TADA The Terrorist and Disruptive Activities
(Prevention) Act
AFSPA Armed Forces Special Powers Act
UAPA Unlawful Activities (Prevention) Act

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 A Kashmiri woman watches as villagers stand on the debris of a house destroyed by Indian Forces in Pampore, south of Srinagar, Oct. 16, 2021.

A Kashmiri man douses a fire in a house which was damaged by Indian Forces in Srinagar, Kashmiri villagers stand inside a house destroyed by Indian Forces
Indian Occupied Kashmir, May 19, 2020 in Pulwama, south of Srinagar, Indian occupied Kashmir.
 Basement, Rubani Center, Allah Wali Market, Street 33, Sector F-8/1,
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