Pahalgam and the Collective Punishment of Kashmiris

Ishtiyaq Rasool, a 24-year-old engineering graduate student at Chandigarh College of Engineering, grew restless as news broke of a deadly attack in Kashmir's Pahalgam. Aware of the cycle of harassment that such incidents often trigger, he feared the consequences could be life-threatening. 

On April 22, 26 innocent tourists were mercilessly killed in the picturesque Baisaran Valley of Pahalgam, marking one of the deadliest attacks in the region in recent years. It was the first attack of its kind since the reading down of Jammu and Kashmir’s special status and its reorganisation into two federally administered Union territories.

These killings sparked nationwide outrage , with the entire country demanding that the perpetrators be swiftly brought to justice. Amidst the calls for retribution, what was remarkable is the way Kashmiris reacted to attack. Kashmiris took to streets denouncing the ruthless attack. They were as grieved and angry as rest of the country. 

The punitive demolitions 

Soon after the attack, security agencies initiated a series of demolition drives targeting the residences of individuals identified as suspects by the Jammu and Kashmir Police. The move, however, drew sharp reactions from local residents, particularly in Pulwama, where adjoining houses reportedly sustained collateral damage during the operations.

Amid mounting criticism from regional political parties, including the ruling National Conference (NC), the demolition activity was  halted. Party leaders termed the action “collective punishment” and urged the administration to adhere to due process and humanitarian considerations.

The Kashmiri-British novelist Mirza Waheed told The Wire “It has brought a deep sadness to me. Kashmir has always embraced tourists as guests,” he said, recalling fond memories of his childhood in Pahalgam. “I have beautiful memories of spending time in Pahalgam as a boy, being around tourists in the old Pahalgam Club where my father worked.”

Waheed, however, criticised the government’s response to the attack, cautioning against what he termed as “collective punishment.” “Making families of suspected militants homeless, and intimidating or harassing Kashmiri students in Indian towns, is the opposite of what will bring tourists back,” he said. “It’s a retributive response that has little to do with justice.”

Former Chief Justice of the Jammu and Kashmir high court, Justice B.A. Khan, weighed in on the ongoing debate over house demolitions following the Pahalgam attack, emphasising the need to adhere to legal procedures. He told The Wire “It is a settled legal position that a citizen’s house cannot be demolished or bulldozed without following due process of law. Nor can such action be taken as a form of punishment for alleged involvement in a crime unless expressly authorised by law,”.

Justice Khan noted that the Supreme Court has recently reiterated this principle in its rulings on what are commonly referred to as “bulldozer justice” cases, where it also laid down specific guidelines on the matter.

Also read: Despite SC Ruling, J&K Authorities Demolish Homes of Pahalgam Suspects, Others, Without Notice

“However, the legality of such actions depends on the specific facts of each case – whether the demolition was authorised under any existing law and whether the procedure prescribed by that law was followed,” he observed.

Referring to the reported demolitions in Kashmir, he added, “It would need to be examined under what law the action was taken, whether the property belonged to the accused or their family, and whether it aligns with the Supreme Court’s recent directives.”

Justice Khan further stated that no offhand opinion should be formed in such sensitive matters.

Unwarranted violence against Kashmiri students

In the aftermath of the Pahalgam attack, a disturbing wave of harassment  and violence was unleashed against Kashmiri students across the country.

In Punjab, Kashmiri students were brutally assaulted on a college campus by individuals armed with sticks and sharp objects. In Uttarakhand, right-wing groups issued threats to Kashmiri students in Dehradun, warning them to leave the area or face dire consequences. In the national capital, a student from Jamia Millia Islamia was reportedly attacked. Similar incidents were reported from Himachal Pradesh and Mussoorie, where Kashmiri shawl vendors faced intimidation and physical assaults, forcing many to vacate the region.

Mohsin Zahoor, a BSc student of forestry in Dehradun recalled the tense aftermath of the Pahalgam attack, while talking to The Wire. “The day after, some boys at college began threatening us. That evening, at a general store, a local boy warned me, ‘Go inside quietly – do you want to get beaten up?’”

He wasn’t alone. Many Kashmiris on campus faced similar threats. “A Kashmiri teacher from our hostel told us, ‘I’ll send you all to Gurdwara Paonta Sahib tomorrow – there might be an attack on you in campus. A video by Hindu Raksha Dal has been uploaded,’” Mohsin said.

Holding back tears, Mohsin said, “No Kashmiri student truly feels safe anywhere amid such a situation. This constant discrimination and intimidation only deepens our sense of alienation. Even now, thinking about those days brings tears to my eyes.”

Adding to the climate of fear, some educational institutions began profiling Kashmiri students. Delhi University (DU), for instance, directed its departments and affiliated colleges to collect personal data from students hailing from Jammu and Kashmir, including their Aadhaar numbers and current residential addresses in Delhi. This directive was issued through an official email from the Proctor’s Office.

A student at Delhi University, speaking on condition of anonymity, expressed deep concern over recent administrative directives, describing them as not just discriminatory but reminiscent of apartheid. “To be asked for personal details in what is considered one of the most liberal colleges in DU feels like an institutionalised form of segregation,” the student remarked, highlighting the emotional and psychological toll such policies can have.

The student went on to emphasise that fundamental rights, such as privacy, are not privileges granted by the state but inherent to every individual by virtue of birth. “There’re basic human rights that we all have been given by the nature. It’s not a nation states gift, it’s what I was born with. One of them is privacy and a negative corollary to it is the surveillance on the body,” he said.

Numerous such incidents – both reported and unreported – have contributed to a growing sense of insecurity and marginalisation among Kashmiri students across India.

Missed opportunity

Following the Pahalgam attack, Kashmiris voiced a unified and unequivocal condemnation of the violence against innocent civilians. The outrage was spontaneous and widespread – people took to the streets in protest, held candlelight vigils, and expressed their grief and solidarity across social media platforms. “Every Kashmiri condemned the Pahalgam attack and stood with the rest of the country,” said Bhupinder Singh Bali, a Kashmiri Sikh and author of Those Who Stayed: The Sikhs of Kashmir. “It was a moment the government could have used to strengthen ties.” 

This rare and heartfelt outpouring offered the Union government a vital opportunity to recognise the people’s sincerity, connect with the region’s youth, and initiate meaningful steps towards healing decades of mistrust and alienation.

Instead of capitalising on this moment of collective empathy, however, the Union government's response appeared misaligned with the public sentiment in the Valley. Rather than embracing the opportunity to build bridges, the post-attack actions risked furthering estrangement. The government, while rightly expected to bring the perpetrators to justice, also bore the responsibility of ensuring that no innocent persons were caught in the crossfire.

 “We know how things function these days – demolitions have become common,” Bali said, referring to the razing of houses of alleged suspects. “But it is unfortunate that an entire family must bear the consequences of one individual’s actions.”

Sadly, this opportunity was lost.

Bali also condemned the harassment faced by Kashmiri students across Indian states following the incident. “If Kashmir is a part of India, then so are Kashmiris. If they are met with hatred, how can one expect them to respond with love? Such actions only deepen divisions and foster alienation within one’s own country,” he observed.

Caught between the clashing tides of being seen as a jugular vein and an integral part, Kashmiris continue to bear the brunt of a bloody conflict they do not want. What could have been a moment to foster trust and national unity instead became a missed chance – one that may take far longer to repair than to seize. 

Bilal Gani is a freelance writer and researched based in Kashmir. Ummar Jamal is a Kashmir-based lawyer and columnist.

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