By Yousma Gul 8 August 2023
India, claiming the title of world’s biggest democracy, has violated both its own constitution and international accords in addition to committing mass human rights violations. By abrogating Articles 370 and 35A on August 5, 2019, India went against many United Nations Security Council (UNSC) resolutions, bilateral agreements with Pakistan, and the right self-determination of the people of Kashmir. Indian citizens now have the opportunity to purchase land in occupied Kashmir and establish permanent residences there owing to the removal of Article 370 of the constitution. Kashmiris and opponents of the Hindu nationalist-led Bharatiya Janata Party (BJP) government in India consider the action as an effort to saturate the Muslim-majority region with Hindu settlers.
On Oct 28, 1948, Jawaharlal Nehru telegrammed the Pakistani prime minister that, “The people of Kashmir would decide the question of accession, it is open to them to accede to either Dominion then”. This promise has been violated by the BJP government as it took away Kashmir’s autonomous status in 2019. Article 370 of the constitution, which accords IIOJK’s particular autonomy, was created in 1954 by the presidential order. Article 35A prevents Indians from outside the state from relocating there permanently, purchasing land, holding positions in local administration, or receiving academic scholarships. In the case that female residents of IIOJK marry someone from outside the state, the article, known as the Permanent Residents Law, also forbids them from having property rights. However, the approval for the article’s abrogation was granted without the participation of the elected assembly and was given by the governor, making the move entirely illegal and unlawful.
Resultantly, a never-ending and unprecedented wave of Indian state-sponsored terrorism has been taking place in IIOJK since August 5, 2019, for more than four years now. While India has increased the number of its security troops from 700,000 to over 1100,000, it has also tightened the curfews in the valley of Kashmir, which is still in effect, and restricted internet services to curb Kashmiri voices from reaching the international community and exposing the true face of PM Narendra Modi’s fascist ideology at work. Additionally, India has detained or imprisoned all Kashmiri leaders and youngsters, who have been accused of being involved in criminal activities without any coherent proof to support these accusations.
A month after the curfew was imposed in 2019, Amnesty International started the #LetKashmirSpeak campaign. In September 2022, Amnesty International released a report on the Indian abrogation of Article 370 in Jammu and Kashmir titled, “India: “We are Being Punished By The Law” – Three Years of Abrogation of Article 370 in Jammu & Kashmir”. The document has demonstrated how individuals from civil society, such as journalists, lawyers, and human rights activists, continue to be subjected to persistent policies based on inquiries, arbitrary restrictions, and harsh media policies that restrict people’s freedom of information and expression. It highlights how, three years after Article 370 was repealed in 2019, the Indian government’s repressive actions in IIOJK have gotten worse, turning the Kashmir crisis into a battleground for India wherein it continues to commit genocide of Kashmiri Muslims.
In response to India’s abrogation, Pakistan’s Military Spokesperson in 2019 General Asif Ghafoor has rejected the Indian unlawful action in a series of tweets, “Pakistan never recognized the sham Indian efforts to legalize its occupation of Jammu & Kashmir through article 370 or 35-A decades ago, efforts which have now been revoked by India itself”.
Pakistan’s Ministry of Foreign Affairs (MoFA) also condemned Indian actions in a press release, “Pakistan strongly condemns and rejects the announcements made today by the Indian Government regarding the Indian Occupied Jammu & Kashmir. No unilateral step by the Government of India can change this disputed status, as enshrined in the United Nations Security Council (UNSC) resolutions. Nor will this ever be acceptable to the people of Jammu & Kashmir and Pakistan. Pakistan reaffirms its abiding commitment to the Kashmir cause and its political, diplomatic and moral support to the people of Occupied Jammu and Kashmir for realization of their inalienable right to self-determination”.
In its pursuit of the deadly Hindutva ideology, the BJP did all in its power to change the demographics of the region. According to a document made public by the Indian government, 4 million domiciles have been granted to persons who want to live in IIOJK. Nearly 3000 such credentials were given to Nepalese Gurkhas and a few members of the neglected Valmiki community. Unfortunately, the idea is similar to the illegal Israeli settlement when, in 1948, Jews from throughout the world were urged to settle in Palestine.
Due to the manifestation of India’s brutal fascist agenda, Kashmir remains deprived of its unique status for more than four years now. However, the BJP’s treatment of Kashmiris continues to worsen under the influence of the Hindutva ideology. The resolution of Kashmir dispute and Indian illegal occupation requires collective decision-making and the granting of the people of IIOJK their inherent right to self-determination, as it was intended by the UN and the international community.