Political Rights | 17 / 40 |
Civil Liberties | 21 / 60 |
Freedom in the World reports assess the level of political rights and civil liberties in a given geographical area, regardless of whether they are affected by the state, nonstate actors, or foreign powers. Disputed territories are sometimes assessed separately if they meet certain criteria, including boundaries that are sufficiently stable to allow year-on-year comparisons. For more information, see the report methodology and FAQ.
Control of Kashmir has been divided between India and Pakistan since 1948, and Indian-administered Kashmir long enjoyed substantial autonomy under India’s constitution. However, the region’s autonomous status was revoked in 2019, and the state of Jammu and Kashmir was reconstituted as two union territories under the direct control of the Indian central government. The move stripped residents of many of their previous political rights, and civil liberties were curtailed to quell public opposition. Indian security forces are frequently accused of human rights violations, but perpetrators are rarely punished. Separatist and jihadist militants continue to wage a protracted insurgency.
- In October, Jammu and Kashmir held its first Legislative Assembly elections since 2014. The Jammu and Kashmir National Conference (JKNC) won 42 of the 90 seats, dominating in the Kashmir Valley, while the Bharatiya Janata Party (BJP) secured 29 seats, largely in the Jammu region.
- Shortly before the assembly elections, the Modi government reassigned significant powers held by the elected government in Jammu and Kashmir, including matters of police, public order, and bureaucratic appointments, to the lieutenant governor, a New Delhi appointee.
- The central government did not provide a timeline for restoring full statehood to Jammu and Kashmir, despite a 2023 directive from the Supreme Court. Prime Minister Modi dismissed calls from newly elected lawmakers to restore Jammu and Kashmir’s autonomy.
Was the current head of government or other chief national authority elected through free and fair elections? | 2 / 4 |
Prior to 2019, the state of Jammu and Kashmir enjoyed special autonomy under Article 370 of the Indian constitution. A chief minister—typically the head of the largest party in the state legislature’s lower house—was entrusted with executive power. Under the Jammu and Kashmir Reorganisation Act 2019, adopted by the Indian Parliament that August, the region’s autonomous status was revoked, it was downgraded from a state to a union territory, and the Ladakh area was separated to form a second union territory.
In Jammu and Kashmir, a lieutenant governor is assisted by a chief minister and cabinet responsible to an elected legislature. The first Legislative Assembly elections since 2014 were held in October 2024, fulfilling a December 2023 Supreme Court order. Foreign observers were invited to witness the elections and broadly praised their conduct. Omar Abdullah, leader of the Jammu and Kashmir National Conference party (JKNC), was sworn in as chief minister in October.
Manoj Sinha, a former Indian minister from India’s ruling Bharatiya Janata Party (BJP), continues to serve as lieutenant governor of Jammu and Kashmir, and wields significant power. Shortly before the assembly elections, the Modi government reassigned significant powers held by the elected government in Jammu and Kashmir, including matters of police, public order, and bureaucratic appointments, to the lieutenant governor.
Executive authority in Ladakh rests with a lieutenant governor appointed by the president of India on the advice of the Indian prime minister. B.D. Mishra, a retired army officer who was appointed lieutenant governor in February 2023, remains in office.
Score Change: The score improved from 0 to 2 because elections for the Jammu and Kashmir Legislative Assembly were held for the first time since 2014, giving much of the territory an elected chief minister.
Were the current national legislative representatives elected through free and fair elections? | 2 / 4 |
Before the passage of the Jammu and Kashmir Reorganisation Act in 2019, the region had a bicameral legislature. The lower chamber, the Legislative Assembly, was composed of 87 members directly elected for six-year terms to single-member districts. The upper chamber, called the Legislative Council, comprised 28 indirectly elected members and eight members nominated by the governor. The state legislature was dissolved by the governor in late 2018, and central authorities extended direct rule and postponed new state elections through the summer of 2019, when the Reorganisation Act rendered them moot.
Under the arrangements announced in 2019, the new union territory of Jammu and Kashmir would have a unicameral legislature with limited powers and at least 83 elected members. A controversial delimitation of constituencies completed in 2022 increased the assembly size to 90 members.
In 2024, Jammu and Kashmir held its first Legislative Assembly elections since the 2019 reorganization, transitioning to the new unicameral system. The elections, conducted in three phases from September 18 to October 1, were largely peaceful. Voter turnout was 64 percent. The JKNC emerged as the largest party, securing 42 seats, followed by the BJP with 29 seats, and the Indian National Congress (INC) with 6 seats. The JKNC formed a coalition with the INC and other allies.
The union territory of Ladakh continues to be administered solely by the lieutenant governor, with no legislature of its own.
Score Change: The score improved from 0 to 2 because the legislative elections held in Jammu and Kashmir were peaceful, competitive, and featured high voter turnout, allowing residents to elect that area’s Legislative Assembly for the first time in a decade.
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? | 2 / 4 |
The legal framework governing statewide elections prior to 2019 was broadly perceived as fair. The Indian Parliament adopted the Jammu and Kashmir Reorganisation Act 2019 swiftly and without significant input from Kashmiris, fundamentally altering the electoral system and effectively stripping residents of substantial voting power. A controversial delimitation of constituencies was completed in 2022, increasing the assembly size to 90 members and awarding the Hindu-dominated Jammu area a disproportionate share of seats. This was widely expected to favor the ruling BJP in future elections.
Following the Reorganisation Act, the Election Commission of India faced criticism for delays in holding new assembly elections in the territory. In December 2023, the Supreme Court of India ordered the Election Commission to hold assembly elections in Jammu and Kashmir before October 2024. Elections were conducted in three phases in September and October of 2024. Despite the successful conduct of elections, concerns persisted regarding the impartiality and fairness of the electoral framework.
Score Change: The score improved from 1 to 2 because elections for the Jammu and Kashmir Legislative Assembly were held in September and October, ending a decade-long gap in voting.
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? | 2 / 4 |
Until 2019, a competitive multiparty system operated in the region. Political activities were almost completely suspended after August 2019, as security forces detained thousands of party members and activists without charge, including the leaders of mainstream Kashmiri parties and the local branch of India’s opposition Congress party.
In 2024, political activities resumed in earnest with the holding of Legislative Assembly elections, the first since 2014. The JKNC emerged as the largest party, and Omar Abdullah was sworn in as Chief Minister in October after forming a coalition government with the INC and the Communist Party of India (Marxist) (CPI(M)).
Score Change: The score improved from 1 to 2 because parties were able to function more effectively during the year, with multiple parties able to contest the Jammu and Kashmir Legislative Assembly elections and ultimately form a coalition government.
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? | 2 / 4 |
For more than a decade, state-level power had rotated between the two largest Kashmiri parties: the PDP and the JKNC, though the Hindu nationalist BJP had made significant electoral inroads. The postponement of state elections, the 2019 reorganization of the region, and the related mass detentions effectively reduced the ability of opposition groups to compete and enter government in Jammu and Kashmir. Municipal elections scheduled for late 2023 were not held on schedule.
In 2024, the political landscape shifted with the conduct of Legislative Assembly elections, the first since 2014. The JKNC emerged as the largest party, securing 42 seats, and formed a coalition government with the INC and the CPI(M), with Omar Abdullah sworn in as chief minister.
The union territory of Ladakh still has a centrally appointed executive and no legislature, meaning rotations of power through elections are not possible at the territory level. Elections are still held for district-level development councils, but their powers are greatly overshadowed by those of appointed officials.
Score Change: The score improved from 1 to 2 because the opposition was able to meaningfully participate in the Jammu and Kashmir legislative elections, with opposition parties winning a plurality of seats in the legislature and forming a coalition government.
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? | 2 / 4 |
The activities of separatist militants and a heavy Indian security presence have long impaired the ability of people in certain areas to participate freely in political processes. Since August 2019, tens of thousands of additional Indian troops have been deployed to the region to quash any public expressions of opposition to the Reorganisation Act. The deployment was accompanied by reports of intimidation and violence, and reports of intimidation and violence against civilians by security forces have persisted.
However, Legislative Assembly elections, held for the first time since 2014, saw a turnout of 64 percent, reflecting a significant level of public engagement despite the challenging political environment.
Score Change: The score improved from 0 to 2 because voters were allowed to express their political preferences more freely than in recent years, with little interference from security forces or the Indian government.
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? | 2 / 4 |
The former state constitution granted all permanent residents over age 18 the right to vote in state assembly elections.
Prior to the 2019 reorganization, historical refugees from Pakistan, who are disproportionately Hindu, were not entitled to permanent residency rights and could not vote in state elections, though they were able to vote in Indian parliamentary elections. In 2020, they were allowed to vote in the development council polls in Jammu and Kashmir for the first time, and in 2024 they were granted the right to vote in state-level elections.
Women continue to be underrepresented as candidates and elected officials. Only 43 of the 873 candidates for the 2024 assembly election were women, and only 3 women won seats in the 90-member Legislative Assembly.
The 2019 reorganization left the largely Buddhist and Shiite Muslim population of Ladakh without elected government institutions at the territory level, though there are still two Autonomous Hill Development Councils representing Ladakh’s two districts, Leh and Kargil. Many in Kargil vocally opposed the 2019 changes.
Score Change: The score improved from 1 to 2 because the Jammu and Kashmir Legislative Assembly elections featured progress toward broader electoral inclusion, particularly of Pakistani Hindu refugees.
Do the freely elected head of government and national legislative representatives determine the policies of the government? | 1 / 4 |
India has never held a referendum on allowing Kashmiri self-determination, as called for in a 1948 UN resolution. A referendum under the terms of the resolution would have to include those living in Pakistan-administered Kashmir.
Jammu and Kashmir long enjoyed substantial autonomy under India’s constitution, but since 2019 it has been ruled directly by the central government through an appointed lieutenant governor, as has the separated territory of Ladakh. Many laws that had been passed by the state government were subject to repeal or amendment under this system, and more laws passed by the Indian Parliament now apply to Jammu and Kashmir.
The first Legislative Assembly elections in a decade were held between September and October 2024. The JKNC, which opposes the 2019 revocation, secured 42 out of 90 seats, heading a coalition government.
Although the Legislative Assembly has been reinstated, Jammu and Kashmir’s autonomy continues to be limited. The central government maintains authority over critical sectors like public order and policing, and the New Delhi-appointed lieutenant governor wields substantial influence over financial and administrative decisions. The central government has not provided a timeline for restoring full statehood to Jammu and Kashmir, despite a 2023 directive from the Supreme Court. In November 2024, the newly elected assembly advocated for the restoration of the region’s special status, but Prime Minister Narendra Modi rejected the proposal.
Score Change: The score improved from 0 to 1 because elections for the Jammu and Kashmir Legislative Assembly, held for the first time since 2014, allowed a democratically elected regional government to wield some power, though Ladakh remains without a legislature and a lieutenant governor appointed by the Indian government maintains some control over policy.
Are safeguards against official corruption strong and effective? | 1 / 4 |
Corruption is widespread. A 2011 law established an anticorruption commission with far-reaching investigatory powers. The panel, known as the State Vigilance Commission, processed more than a thousand complaints after the first commissioners were appointed in 2013. In 2020, the commission was dissolved after the Jammu and Kashmir territorial government repealed the underlying law.
Few corruption cases result in convictions. As of 2024, hundreds of corruption cases remained pending in the courts. A right to information request revealed that between 2010 and 2023, only 78 government officials were convicted in corruption cases, while 156 of those accused of corruption were acquitted.
Does the government operate with openness and transparency? | 1 / 4 |
The administration generally operates with opacity, and the changes in the administrative status of the region in 2019, coupled with severe restrictions on press freedom, have further impeded transparency. Several official agencies intended to promote transparency and good governance, including the State Information Commission, were shut down in 2019 and 2020.
Are there free and independent media? | 1 / 4 |
Until mid-2019, print media were thriving in Jammu and Kashmir. Online media had proliferated, providing new platforms for news and information. However, the region’s changed administrative status was accompanied by a severe clampdown on the activities of local and foreign journalists. A media policy introduced in 2020 gave government officials the authority to examine and censor content for “fake news, plagiarism, and unethical or antinational activities.” Internet service was severely restricted until early 2021, making it difficult for news outlets to operate. Connectivity blackouts were briefly imposed in certain districts in 2024.
Journalists have faced harassment, intimidation, and arbitrary detention in connection with their work in recent years. In 2024, Irfan Mehraj, an independent journalist arrested in 2023 on dubious sedition and terrorism charges, remained in detention, despite calls from international human rights organizations for his release. Asif Sultan, a reporter for the magazine Kashmir Narrator who had been detained since 2018, apparently for publishing work that was critical of the government, was briefly released in February 2024 only to be rearrested under the Unlawful Activities (Prevention) Act (UAPA).
Are individuals free to practice and express their religious faith or nonbelief in public and private? | 2 / 4 |
Freedom of worship is generally respected by the authorities. However, violence between Muslims and Hindus periodically flares up, and many have been injured or killed as a result. Authorities have closed Srinagar’s main mosque to worshippers on multiple occasions, typically citing security concerns.
A decades-long ban on Shiite Muslims’ Muharram processions, which take place during a period of mourning at the Islamic New Year, was lifted in 2023, allowing processions to take place. In July 2024, thousands of mourners participated in the Muharram procession in Srinagar.
Is there academic freedom, and is the educational system free from extensive political indoctrination? | 1 / 4 |
Academic freedom is circumscribed. Authorities monitor the research produced at Kashmiri universities, and a combination of censorship and self-censorship discourages students and professors from pursuing sensitive topics of inquiry.
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? | 2 / 4 |
While private discussion was previously robust, fear of reprisals by government or militant forces has increased in recent years, and serves as a deterrent to uninhibited speech. The mass arrests of politicians, activists, protesters, and others after the revocation of autonomy in 2019 were apparently aimed at curbing free expression and likely had a chilling effect on the rest of the population.
In 2023, media outlets reported that the central government had banned 14 apps that allow encrypted messaging. The government alleged that the apps had been used by terror groups in the area to avoid detection.
Is there freedom of assembly? | 1 / 4 |
Freedom of assembly is frequently restricted during times of unrest. The authorities often reject requests for permits for public gatherings submitted by the separatist All Parties Hurriyat Conference (APHC). Separatist leaders are frequently arrested prior to planned demonstrations, and violence between protesters and security forces is common.
In the 2024 Jammu and Kashmir elections, political leaders, including Union Home Minister Amit Shah, Prime Minister Narendra Modi, JKNC leader Omar Abdullah, and PDP’s Iltija Mufti, held campaign rallies to present their visions for the region. Despite the sensitive political environment, these campaign events were largely peaceful.
Score Change: The score improved from 0 to 1 because some political rallies were allowed to take place ahead of the legislative elections, although security forces continue to stop demonstrations perceived to challenge Indian control of the territory.
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? | 1 / 4 |
Although local and national civil rights groups are generally permitted to operate, they are routinely harassed by security forces. The separatist APHC is technically allowed to function, but its leaders are frequently subjected to detention. In 2019, the central government imposed a five-year ban on the group Jamaat-e-Islami (Jammu and Kashmir) and arrested its top leadership, claiming that it was engaged in separatist activities.
Many of the arrests that followed the revocation of autonomy in 2019 targeted independence advocates, human rights lawyers, and other civic activists. In 2021, security forces arrested Khurram Parvez, a Kashmiri human rights activist, under the provisions of a controversial antiterrorism law. He remained in detention in 2024.
Is there freedom for trade unions and similar professional or labor organizations? | 2 / 4 |
Although workers have the right to form unions and engage in collective bargaining under Indian law, union rights are inconsistently upheld in practice. In February 2024, the Jammu and Kashmir Police arrested 50 trade union members who were preparing to protest in support of ongoing farmers’ demonstrations.
Is there an independent judiciary? | 1 / 4 |
Courts in the region are politicized and generally act as an extension of Indian executive and military authority. The government and security forces frequently disregard court orders that impose constraints on their actions. In 2020, following a long delay, the Indian Supreme Court ruled that the indefinite internet shutdown in Kashmir was unjustified and violated constitutional rights to free speech and expression, but authorities were slow to ease the shutdown, and mobile internet access was not restored until 2021. Although the High Court of Jammu and Kashmir and Ladakh took steps to address judicial vacancies in 2024, concerns about the judiciary’s independence persisted.
Does due process prevail in civil and criminal matters? | 1 / 4 |
Due process rights, including access to a timely trial, are hampered in part by large backlogs of cases and intermittent lawyers’ strikes. The courts in Jammu and Kashmir close very few cases each year.
Broadly written legislation, such as the unpopular Armed Forces Special Powers Act (AFSPA) and the Disturbed Areas Act, allow security forces to search homes and arrest suspects without a warrant, shoot suspects on sight, and destroy buildings believed to house militants or arms. Under the AFSPA, prosecutions of security personnel cannot proceed without the approval of the central government, which is rarely granted. In March 2024, Union Home Minister Amit Shah stated that the government was exploring the possibility of revoking AFSPA in Jammu and Kashmir, but the act remained in force at the end of the year.
The Public Safety Act allows detention without charge or trial for up to two years, though 2012 amendments barred the detention of minors. The law was used to jail mainstream political leaders and others in 2019 and 2020. Many such detainees have been held outside Kashmir.
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? | 1 / 4 |
After several years of relative stability, security deteriorated sharply following the 2016 killing of Burhan Muzaffar Wani, a popular separatist militant leader. The situation remained volatile in 2024. Civilians made up 26 percent of deaths in conflict-related violence, marking the highest share recorded since 2005. Approximately 120 civilians, security personnel, and militants were reportedly killed in conflict-related violence over the course of the year.
Indian security personnel have continued to engage in torture, forced disappearances, and custodial killings of suspected militants and their alleged civilian sympathizers, and generally enjoy impunity for such abuses. In January 2024, Sahil Saini died under mysterious circumstances while in police custody in Jammu following his arrest on burglary charges. Two police officials were suspended, and an investigation was launched, but its findings have not been disclosed.
Militant groups have killed pro-India politicians, public employees, suspected informers, members of rival factions, soldiers, and civilians. The militants also engage in kidnapping, extortion, and other forms of intimidation. Militant violence during 2023 included selective murders of people belonging to the Hindu community in Jammu and Kashmir. Following violent attacks on Hindu civilians in January, the Indian government reintroduced civil militias in some areas of the territory. The militias are sponsored, armed, and trained by the Indian government. In November 2024, two Village Defense Guard (VDG) members were abducted and killed by suspected militants in the Kishtwar area, underscoring the dangers tied to these initiatives.
Do laws, policies, and practices guarantee equal treatment of various segments of the population? | 1 / 4 |
A pattern of violence targeting Pandits, or Kashmiri Hindus, has forced several hundred thousand Hindus to flee their homes in the region over the years, and many continue to reside in refugee (“transit”) camps. Members of other religious and ethnic minority groups, including Sikhs and Gujjars, have also been attacked. Women face societal discrimination and are subject to harassment, intimidation, and violence, including rape and murder, at the hands of both the security forces and militants. LGBT+ people are generally marginalized in Kashmiri society.
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? | 1 / 4 |
Freedom of movement has been heavily curtailed by the authorities. Strict curfews were imposed in connection with the region’s 2019 reorganization, and coronavirus-related lockdowns were added during 2020, 2021, and early 2022, with the severity varying by location and over time. Even when curfews are not in place, internal movement is disrupted by roadblocks, checkpoints, and periodic protest-related impediments.
Kashmir residents face delays of up to two years in obtaining and renewing passports due to heightened levels of scrutiny. Journalists have encountered multiple restrictions, including the revocation and suspension of their passports, often justified by authorities as security measures. High-profile incidents, such as the 2023 suspension of two journalists’ passports, highlight wider efforts to curb dissent.
In 2020, the Indian government altered domicile legislation to make it easier for refugees and Indian nationals from outside Kashmir to establish permanent residency and obtain government jobs in the region, extending eligibility to those who had lived there for 15 years or studied there for 7 years. The change would benefit many long-term residents who had lacked domicile status, but critics alleged that the government’s aim was to alter the Muslim-majority territory’s demographic composition. Tens of thousands of new domicile certificates have since been issued.
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? | 2 / 4 |
Property rights are undermined by displacement and military activity related to the conflict, and the regulatory environment constrains the establishment and operation of new businesses.
In 2020, the Indian government substantially altered dozens of laws governing land ownership in Jammu and Kashmir, ending long-standing restrictions on property acquisition by people who were not permanent residents of the region. Ladakh was not immediately affected by those changes. The new legal framework also gave the government and the military enhanced powers to reserve and manage land for development and strategic purposes.
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? | 2 / 4 |
Many women face domestic violence and other forms of abuse. There have been reports of women being killed in dowry disputes, and conservative social customs limit the choice of marriage partners for individuals. Same-sex marriage is illegal.
Do individuals enjoy equality of opportunity and freedom from economic exploitation? | 2 / 4 |
Certain social groups are subject to economic marginalization, though some are also eligible to benefit from affirmative-action policies in areas such as employment and education. Child labor is prevalent in the region, often in poor conditions at the expense of children’s education and health. Militant groups have been accused of recruiting children as fighters.