What Happened
- Protests broke out in Shia-dominated areas of Kashmir — including Magam and Budgam — in March 2026, following US and Israeli strikes on Iran, reflecting the transnational political identification of segments of the Shia community with Iran.
- Authorities imposed restrictions — including movement curbs and prohibitory orders — in Srinagar and parts of the Kashmir Valley, particularly in Shia-concentrated localities, in anticipation of protests on the last Friday of Ramzan.
- The administration invoked executive powers under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 144 of the CrPC) to restrict assembly of four or more persons.
- These restrictions are part of a recurring pattern in Kashmir: restrictions in Shia localities have been imposed since 1989 in connection with Muharram processions and, more recently, around geopolitical events touching Iran.
- Since 2023, the J&K administration had progressively liberalised Muharram procession permissions — allowing designated routes — but the March 2026 restrictions represented a temporary reversal in the context of regional geopolitical tensions.
Static Topic Bridges
Article 19(1)(b) — Freedom of Assembly and Its Restrictions
The right to assemble peaceably and without arms is guaranteed under Article 19(1)(b) of the Constitution. However, this right is not absolute — Article 19(3) permits the State to impose reasonable restrictions in the interests of sovereignty and integrity of India, or public order.
- Article 19(1)(b): Freedom to assemble peaceably and without arms — available only to citizens.
- Article 19(3): Restrictions must be reasonable and imposed by law; grounds: sovereignty and integrity of India, public order.
- "Public order" is narrower than "law and order" — public order disturbances affect a wider section of the community; mere law-and-order breaches do not justify Article 19(3) restrictions (Ram Manohar Lohia v. State of UP, 1960).
- The Supreme Court in Anuradha Bhasin v. Union of India (2020) held that restrictions on fundamental rights in J&K must be reviewed periodically and cannot be indefinite.
Connection to this news: The restrictions imposed in Shia localities invoke the public order exception to Article 19(1)(b) — a well-established constitutional power, but one that must satisfy the proportionality test, especially in the J&K context where the Supreme Court has applied heightened scrutiny.
Section 163 BNSS (formerly Section 144 CrPC) — Prohibitory Orders
Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — which replaced Section 144 of the Code of Criminal Procedure, 1973 — empowers an Executive Magistrate to issue prohibitory orders in urgent cases of nuisance or apprehended danger, including by prohibiting the assembly of four or more persons.
- Section 144 CrPC (now Section 163 BNSS): Executive Magistrate power; applicable in urgent cases; effective for two months, extendable to six months.
- Orders can direct individuals or the general public; violation is a criminal offence under Section 188 IPC (now corresponding BNS provision).
- The power is administrative, not judicial; it can be challenged by filing a writ petition in the High Court.
- Section 163 retains the essential character of Section 144 but is now situated in the new criminal procedure code enacted in 2023.
Connection to this news: The curfew-like restrictions in Shia-dominated areas were likely imposed under Section 163 BNSS — the standard instrument for preventive crowd-control in J&K before anticipated protests or communal gatherings.
Muharram Processions in Kashmir — Historical Context and Securitisation
Muharram — the first month of the Islamic calendar — is observed by Shia Muslims with processions (taziya) commemorating the martyrdom of Imam Husain. In Kashmir, two major traditional Muharram procession routes in Srinagar were banned in 1989 when the insurgency began; these bans were partially lifted in 2023 after three decades.
- Pre-1989: Large Muharram processions were a regular feature of Srinagar's civic and religious life; Shia and Sunni communities participated.
- Post-1989: Processions banned on national security grounds; Shia community protested restrictions annually, making it a persistent rights issue in the Valley.
- 2023 onwards: Administration permitted processions on designated, controlled routes — seen as a confidence-building measure in the post-Article 370 normalisation narrative.
- The BNSS/CrPC restrictions in March 2026 are separate from the Muharram-specific administrative orders and relate to geopolitically triggered protests.
Connection to this news: The 2026 protests reflect how external geopolitical events — US-Israel actions against Iran — trigger domestic security responses in Kashmir through the established legal machinery of prohibitory orders, illustrating the intersection of internal security and international relations.
Article 370 Abrogation and J&K's UT Status
Since the abrogation of Article 370 (August 5, 2019) and the reorganisation of J&K into two Union Territories (J&K and Ladakh), law and order in J&K UT is constitutionally under the Lieutenant Governor — not the elected government. This has implications for how security decisions, including imposition of restrictions, are made.
- Article 370 abrogated via Constitution (Application to Jammu and Kashmir) Order, 2019; J&K Reorganisation Act, 2019 created two UTs.
- J&K UT: Has a legislature but on the model of Delhi — LG retains control over law, order, and police under the Seventh Schedule.
- Supreme Court upheld Article 370 abrogation in December 2023 (DR. SHAH FAESAL & ORS. v. UNION OF INDIA) and directed statehood restoration by September 30, 2024 — though restoration timeline was extended.
- Elected government of J&K (Omar Abdullah as CM since October 2024) exists alongside LG oversight; security decisions often involve both.
Connection to this news: The restrictions and administrative response to the Shia protests are decisions of the J&K UT administration — ultimately under LG oversight — operating through the security and administrative apparatus strengthened since August 2019.
Key Facts & Data
- Protests triggered by US-Israel strikes on Iran, March 2026, last Friday of Ramzan.
- Restriction areas: Srinagar, Magam, Budgam (Shia-dominated).
- Legal instrument: Section 163 BNSS 2023 (former Section 144 CrPC 1973).
- Article 19(1)(b): Freedom of peaceful assembly; Article 19(3): Public order restrictions.
- Muharram procession ban on traditional routes: 1989–2023 (partial restoration in 2023).
- J&K UT status: Since October 31, 2019; LG controls law and order.
- Anuradha Bhasin v. Union of India (2020): SC held that restrictions on fundamental rights in J&K must be proportionate and subject to periodic review.
- Ram Manohar Lohia v. State of UP (1960): "Public order" is distinct from "law and order" for Article 19(3) purposes.