Ex-Home Secretary, rights forum urge J&K statehood restoration, repeal of 2019 Act

Former Union Home Secretary Gopal Pillai and former Jammu and Kashmir interlocutor Radha Kumar, who co-chairs the Forum for Human Rights in J&K, on Wednesday called for the restoration of full Statehood to Jammu and Kashmir and the repeal of the J&K Reorganisation Act, 2019. They also urged the Centre to accept Ladakh's demand for Statehood and its inclusion in the Sixth Schedule of the Constitution.

The J&K Reorganisation Act, 2019, which came into effect on October 31, 2019, bifurcated the erstwhile State of Jammu and Kashmir into two Union Territories: Jammu and Kashmir, and Ladakh. The move also abrogated Article 370, which had granted special status to the State. Since then, multiple political parties and civil society groups have called for the restoration of Statehood.

In its annual report, the Forum, which includes prominent individuals from across the country, said that this was the first time in independent India that an existing State had been “demoted” to Union Territory status. The report argued that this demotion contravened Articles 1 and 3 of the Constitution and the basic structure doctrine that India is a federal democracy. “If that demotion was unconstitutional, then it follows that Statehood must be restored,” the report said.

The report also highlighted a governance stalemate in J&K, noting that power remains concentrated in the hands of the Lieutenant-Governor, who is not accountable to the people, while the elected administration, though accountable, has little to no governance powers.

The Forum welcomed the ruling National Conference (NC) and the Congress party's campaign for the restoration of Statehood. However, it cautioned that the Centre might argue that the time is not appropriate, especially in the wake of the Red Fort terrorist attack. The Forum dismissed this argument, stating, “Not only is that argument not tenable, but it can also be argued that this is exactly the time to do so.”

Describing the 2025 Red Fort attack as a “security lapse,” the Forum said it indicated a “scattered revival of homegrown militancy.” It alleged that the police in Kashmir might resort to illegal detentions, coercive interrogations, and extrajudicial demolitions following such attacks. According to the Forum, about 500 people were detained after the Red Fort attack and over 2,000 after the Anantnag shooting, suggesting indiscriminate action by the J&K police.

On a positive note, the Forum acknowledged that the Jammu and Kashmir High Court had issued a series of orders quashing detentions under the Public Safety Act (PSA) and granting bail in cases under both the Unlawful Activities (Prevention) Act (UAPA) and the PSA.

The Forum also flagged continued economic distress in the region, pointing out that unemployment is twice the national rate, the apple industry had its worst year in a decade, and tribal homes continue to be demolished in violation of the Forest Rights Act.

Regarding Ladakh, which was carved out as a separate Union Territory from the erstwhile Jammu and Kashmir, the Forum stressed the need to accept demands for Statehood and inclusion in the Sixth Schedule. Referring to the 2025 violence in Leh, it said that cases against young protesters from September 24, 2025, should be withdrawn, as was agreed in the case of the July 20, 2026 protests across India.

The Forum also referred to the protests in Pakistan-occupied Kashmir (PoK), led by the Joint Awami Action Committee (JAAC) since October 2025. These protests have demanded the abolition of 12 seats reserved for refugees in the PoK Assembly, free and fair elections, the withdrawal of cases against civil society activists, and the renegotiation of electricity tariffs and subsidies on essential food items.