Justice For All Statement on the Use of Unfair Electoral Practices in Indian-Administered Kashmir

Justice For All strongly condemns the Indian government’s use of unfair and undemocratic tactics in Indian-administered Kashmir, particularly the employment of gerrymandering—the deliberate redrawing of electoral boundaries to manipulate political outcomes. Gerrymandering is a recognized form of electoral corruption, and its use in Kashmir is a blatant attempt to disenfranchise the region’s Muslim majority, transforming it into an electoral minority.

Since the revocation of Article 370 of the Indian Constitution in August 2019, which stripped Jammu and Kashmir of its special autonomous status, the Indian government has imposed severe changes on the region’s electoral framework. These changes are not merely administrative; they constitute a direct assault on the political rights and future of the region’s Muslim-majority population.

Disproportionate Representation

According to the 2011 census, Muslims make up 68.3% of the population in Jammu and Kashmir, while Hindus represent 28.2%. However, the 2022 Delimitation Commission allocated 43 assembly seats to the Hindu-majority Jammu region, which has 43.85% of the population, and only 47 seats to the Muslim-majority Kashmir Valley, which holds 56.15% of the population. This results in the 28% Hindu population controlling nearly 34.44% of the seats in the new 90-member assembly.

The situation is even more egregious in the Jammu division, where the 34.21% Muslim population has seen a stark decline in representation. Muslim-majority constituencies have been reduced from 12 to 9, and overall Muslim representation in Jammu has dropped from 32.43% to just 20.93%.

Mechanisms of Gerrymandering in Kashmir

• Redrawing Electoral Boundaries: The Indian government has redrawn electoral districts, merging Muslim-majority areas with other districts while consolidating Hindu-majority areas, diluting the influence of Muslim voters.
• Increasing Seats in Hindu-Majority Areas: The government has increased the number of seats in Hindu-majority districts, ensuring their overrepresentation in the legislative assembly.
• Reducing Representation in Muslim-Majority Areas: Concurrently, Muslim-majority areas have experienced a reduction in representation, eroding their ability to influence governance and policy.
• Appointment of Non-Elected Members: A new provision allows the governor, appointed directly by the Indian government, to nominate five non-elected members to the assembly, further undermining the electorate’s voice and consolidating power with central authorities.

Recommendations to the U.S. Government

Justice For All calls on the United States government to take immediate and decisive action to address the ongoing electoral manipulation in Kashmir. We urge the U.S. to:

1. Raise the Issue in International Forums: The U.S. must bring attention to this undemocratic gerrymandering at international human rights bodies, including the United Nations, and work to ensure Kashmiris’ right to free and fair elections.
2. Impose Diplomatic Pressure: The U.S. should engage diplomatically with India to demand the restoration of democratic processes in Kashmir, respect for the region’s demographic integrity, and an end to efforts aimed at altering its political landscape through unfair practices.
3. Support an International Monitoring Mission: The U.S. should support the establishment of an international electoral monitoring mission in Jammu and Kashmir to ensure future elections are conducted fairly and without manipulative tactics like gerrymandering.
4. Advocate for the Restoration of Article 370: The U.S. must stand with Kashmiris in their demand for the restoration of Article 370, which was unjustly revoked in 2019, and support their right to self-determination.

Justice For All remains committed to advocating for the rights and dignity of the Kashmiri people. We call on the U.S. government to take a firm stand against the political disenfranchisement of Kashmir’s Muslim-majority population and uphold the principles of democracy and justice.