ON March 13, 2025, the People’s Union for Democratic Rights (PUDR), a civil liberties organisation based in Delhi, issued a statement strongly condemning the coordinated raid conducted by the Jammu and Kashmir police on bookstores across Srinagar and other parts of Kashmir last week. According to PUDR, 668 books have been unlawfully seized in Kashmir amidst rising concerns about freedom of expression, misuse of legal provisions, and a tense political climate in the region.
Illegal seizure of books
PUDR expressed “strong reservations” against the targeting of books published by Markazi Maktaba Islami Publishers, a New Delhi-based publishing house affiliated with Jamaat-e-Islami Hind, one of the largest Islamic and political organizations in the Indian subcontinent. Most of the seized books were authored by Abul Ala Maududi, a prominent 20th-century Islamic scholar and the founder of Jamaat-e-Islami. The police have justified the seizure under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), claiming that the raids were based on “credible intelligence of the sale and distribution of literature promoting the ideology of a banned organization.”
PUDR, however, challenges the legality of these actions. Section 126 of the BNSS is primarily intended for preventive measures that an Executive Magistrate may take when a breach of peace is anticipated. The police’s action is not inherently justified under Section 126.
This interpretation is supported by judicial precedents, as PUDR notes: “The courts have held that mere possession of literature – even if of a banned organization or through which violent acts may be propagated – would not be enough for the court to find that a person has the requisite mens rea for commission of a crime including of terrorist activities under the UAPA.”
Thus, the police action was not only excessive but also lacked a legitimate legal basis. The statement emphasizes that the seizure of books, particularly those widely available and not explicitly linked to any banned organization, amounts to an overreach of state power.
Misrepresentation of organizational bans
PUDR also clarified that while Jamaat-e-Islami Jammu and Kashmir was banned in 2019 under the Unlawful Activities (Prevention) Act (UAPA) as an ‘Unlawful Association’ (with the ban extended by the Central government and confirmed by a Tribunal in 2024), Jamaat-e-Islami Hind, the parent organization, has not been banned. “There is no reference to such literature in the legal proceedings of the Tribunal or in the very stand of the Central Government,” it notes. PUDR also questioned the selective targeting of certain books and publishers, particularly those associated with Islamic scholarship and political thought.
Militarisation and suppression in Kashmir
The statement highlights that “as of date, ten political and socio-religious organisations (including the Jamaat-e-Islami Jammu and Kashmir) have been banned and declared unlawful.” This has been accompanied by “widespread arrests and detentions in Jammu and Kashmir, particularly since 2019.”
Between 2020 and 2022, 947 UAPA cases have been registered in Jammu and Kashmir, and the State has come down heavily on human rights documentation and advocacy, as the arrests of human rights defenders Khurram Parvez and Irfan Mehraj show.
Amidst internet shutdowns and stifling of the press in Kashmir, the seizure, PUDR claims is another manifestation of censorship, violating Article 19 of the Constitution and international human rights obligations.
PUDR describes these measures as part of a broader strategy to maintain tight control over the population. The statement emphasizes that “the seizure of literature is an example of a further deepening of State control on lives of people in Jammu and Kashmir.”
A symbol of deepening repression
Since the abrogation of Article 370 in August 2019, which revoked the special status of Jammu and Kashmir, the region has been under a state of heightened surveillance and militarisation. Human rights organizations like PUDR have argued that these actions have disproportionately targeted civilians, political activists, and civil society groups.
Kashmir, a region with an abundance of intellectual and cultural history, has been a centre of learning and scholarship. The targeting of books and literature, an attack on the region’s cultural and intellectual heritage, is particularly symbolic. As PUDR explained, “the recent seizure of literature in Jammu and Kashmir must be seen in the wider context of a militarized state and the slow but steady movement of the lines of restrictions on the local population and politics.”
PUDR has urged the Indian government to protect the constitutional rights of all citizens, including those in Jammu and Kashmir, and to cease the misuse of anti-terror laws to suppress dissent. It has also called on the international community to realise the deteriorating human rights situation in Kashmir.
The books seized in Kashmir may be silent, but the voices they represent must not be silenced. PUDR’s statement is a powerful reminder, including for the international community, that the fight for justice and human rights in Kashmir is far from over.
