Skip to main content

Amended in 2018, J&K's 'lawless law' keeps detainees perpetually away from home

Counterview Desk 
Amnesty International India, which was not allowed to release of its report “Tyranny of a ‘lawless law’: Detention without charge or trial under the J&K Public Safety Act”, has made it public, pointing towards how the Act empowers authorities to arrest a person without any trial for six months, causing havoc among the people of Jammu and Kashmir (J&K).
The authorities, even cancelling the permission granted earlier to Amnesty to release its report at a press conference, claimed that there is nothing illegal about the Act. J&K Chief Secretary BVR Subrahmanyam said the judiciary in J&K “took care of any misuse”, insisting, “We have competent courts. In many cases, PSA was upheld and also struck down. We have enough checks and balances,” he asserted.

An Amnesty note on the report:

The Jammu and Kashmir Public Safety Act (PSA) circumvents the criminal justice system in Jammu and Kashmir to undermine accountability, transparency and respect for human rights, said Amnesty International India at the launch of its new briefing, “Tyranny of A ‘Lawless Law’: Detention without Charge or Trial under the J&K PSA”.
The briefing analyses the case studies of 210 detainees who were booked under the PSA, a legislation that allows for administrative detention for up to two years in Jammu and Kashmir, between 2012 and 2018.
“The briefing revisits the PSA in the 42nd year of its existence and studies how it continues to facilitate administrative detentions and violate Indian and international human rights laws. This Act is contributing to inflaming tensions between the state authorities and local populace and must be immediately repealed,” said Aakar Patel, Head of Amnesty International India.
The text of the PSA violates several of India’s obligations under international human rights law, including respecting detainees’ fair trial rights. Examining several government and legal documents of the detainees, the briefing provides a pattern of abuse by J&K authorities. This includes detaining children, passing PSA orders without due diligence and on vague and general grounds, ignoring the limited safeguards under the Act, subjecting individuals to “revolving-door detentions”, and using the PSA to prevent release on bail and undermine the criminal justice system.
Amnesty International India found 71 cases of revolving-door detentions, where authorities had either issued a new detention order, or implicated a detainee in a new FIR, to ensure that they remain in detention. In 90% of the cases analysed, detainees faced both PSA detentions and criminal proceedings in parallel, on the basis of the same or similar allegations.
“The police appear to use the PSA as a safety net, using it to secure the detention of suspects who are released, or likely to be released, on bail. "'s Conversations with the local lawyers suggest that the state police do not favour criminal proceedings as they involve a higher standard of proof and a presumption of innocence,” said Zahoor Wani, who led the research of the briefing for Amnesty International India.
Amnesty India also found that in many cases the grounds of detention mentioned in the police dossiers and in the PSA orders passed by the District Magistrate were identical which demonstrates non-application of mind. Further, regressive amendments to the Act in 2018 have also led to detainees being held in prisons far from their homes, in violation of international human rights standards.
Meanwhile, people who were arbitrarily slapped with PSA and later acquitted continue to face difficulties in obtaining jobs or continuing their education. Amnesty International India calls on the Government of Jammu and Kashmir to immediately repeal the J&K Public Safety Act and other legislation facilitating the use of administrative detentions and ensure that all detainees held in administrative detention are released. Authorities should also provide full reparation to all detainees held in unlawful detention under PSA.
The Government of Jammu and Kashmir should also initiate a prompt, independent and impartial investigations into all allegations of unlawful detention and torture or other ill-treatment in custody, and bring to justice those responsible.
“While the J&K High Court routinely quashes detention orders which fail to comply with procedural safeguards, it does little to tackle the impunity enjoyed by executive authorities. Jammu and Kashmir will elect a new state government in 2019. This government will have a chance to break with the past and show the people of Jammu and Kashmir that their rights matter. It must not waste this opportunity,” said Aakar Patel.

Comments

TRENDING

Why Venezuela govt granting amnesty to political prisoners isn't a sign of weakness

By Guillermo Barreto   On 20 May 2017, during a violent protest planned by sectors of the Venezuelan opposition, 21-year-old Orlando Figuera was attacked by a mob that accused him of being a Chavista. After being stabbed, he was doused with gasoline and set on fire in front of everyone present. Young Orlando was admitted to a hospital with multiple wounds and burns covering 80 percent of his body and died 15 days later, on 4 June.

Walk for peace: Buddhist monks and America’s search for healing

By Vidya Bhushan Rawat*  The #BuddhistMonks in the United States have completed their #WalkForPeace after covering nearly 3,700 kilometers in an arduous journey. They reached Washington, DC yesterday. The journey began at the Huong Đạo Vipassana Bhavana Center in Fort Worth, Texas, on October 26, 2025, and concluded in Washington, DC after a 108-day walk. The monks, mainly from Vietnam and Thailand, undertook this journey for peace and mindfulness. Their number ranged between 19 and 24. Led by Venerable Bhikkhu Pannakara (also known as Sư Tuệ Nhân), a Vietnamese-born monk based in the United States, this “Walk for Peace” reflected deeply on the crisis within American society and the search for inner strength among its people.

Pace bowlers who transcended pace bowling prowess to heights unscaled

By Harsh Thakor*   This is my selection and ranking of the most complete and versatile fast bowlers of all time. They are not rated on the basis of statistics or sheer speed, but on all-round pace-bowling skill. I have given preference to technical mastery over raw talent, and versatility over raw pace.

Bangladesh goes to polls as press freedom concerns surface

By Nava Thakuria*  As Bangladesh heads for its 13th Parliamentary election and a referendum on the July National Charter simultaneously on Thursday (12 February 2026), interim government chief Professor Muhammad Yunus has urged all participating candidates to rise above personal and party interests and prioritize the greater interests of the Muslim-majority nation, regardless of the poll outcomes. 

Four women lead the way among Tamil Nadu’s Muslim change-makers

By Syed Ali Mujtaba*  A report published by Awaz–The Voice (ATV), a news platform, highlights 10 Muslim change-makers in Tamil Nadu, among whom four are women. These individuals are driving social change through education, the arts, conservation, and activism. Representing diverse fields ranging from environmental protection and literature to political engagement and education, they are working to improve society across the state.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

When a lake becomes real estate: The mismanagement of Hyderabad’s waterbodies

By Dr Mansee Bal Bhargava*  Misunderstood, misinterpreted and misguided governance and management of urban lakes in India —illustrated here through Hyderabad —demands urgent attention from Urban Local Bodies (ULBs), the political establishment, the judiciary, the builder–developer lobby, and most importantly, the citizens of Hyderabad. Fundamental misconceptions about urban lakes have shaped policies and practices that systematically misuse, abuse and ultimately erase them—often in the name of urban development.

Samyukt Kisan Morcha raises concerns over ‘corporate bias’ in seed Bill

By A Representative   The Samyukt Kisan Morcha (SKM) has released a statement raising ten questions to Union Agriculture and Farmers’ Welfare Minister Shivraj Singh Chouhan regarding the proposed Seed Bill 2025, alleging that the legislation is biased in favour of large multinational and domestic seed corporations and does not adequately safeguard farmers’ interests. 

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".