The disputed tale of Kashmir: from alleged annexation to abrogation of article 370 and 35A

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In Indo-Pak history, the Kashmir dispute has always been a contentious bone. It has not only confiscated the fundamental rights and freedoms of 12.54 million people but also made the region volatile. The region, home to 1.7 billion people, is constantly at risk of war, a significant concern given the potential loss of human lives. There is a long tale of Kashmiri history, from the alleged annexation of Maharaja Hari Singh to the fake promises of conducting a plebiscite by Jawaharlal Nehru according to UNSC resolution 1948. Modi’s Bharatiya Janata Party (BJP) further intensified the matter by abrogating articles 370 and 35A on August 5, 2019, which served to maintain the autonomy and unique status of the Kashmir region.

More than a dozen resolutions have been passed on the Kashmir issue so far, but not even one could be implemented regularly. This is proof that the world’s coercive power has failed to solve this serious problem between two nuclear countries. The events of August 5, 2019, was the final nail in the coffin of the freedom struggle. Article 370 enabled Kashmiris to maintain their special status. The main purpose of Article 370 was to exercise authority over administrative affairs, except for defense and foreign policy, but its abrogation transferred the exercise of authority to the Indian government.

Article 35A granted some privileges to Kashmiris and restricted non-Kashmiris to buy land in Jammu and Kashmir. However, the abrogation of Article 35A has allowed non-Kashmiris to purchase properties that could potentially change the region’s demographics. In addition, Article 35A also served to preserve the job opportunities for the local population, but its abrogation will now curb the opportunities for the local ones, which is a clear violation of international law.

The BJP government’s designs behind the article’s abrogation are very clear. They take administrative control over the region and alter the demography. The demographic change will enable the Indian government to conduct a plebiscite, but this will be in vain as the Kashmiris are very resilient in their struggle for freedom. International circles speculate that India, through coercive effort and diplomacy, is attempting to declare the line of control (LOC) as an international border. This move requires counteraction and curtailment at all levels.

This unilateral act of altering the region’s status must stop; Kashmir is now the world’s largest militarized zone. The oppressive forces make every effort to restrict the fundamental rights of the Kashmiri people. They restrict their freedom of expression, censor their media, and make their daily lives truly miserable.

Everywhere in the world, human linkage is defined by culture, religion, and territory. In every aspect, Kashmir is ideally suited to become a part of Pakistan, and the people of Kashmir are eager to do so. The people of Indian Occupied Jammu and Kashmir (IOJK) are seeking independence from the oppressive rule of India, and they aspire to join Pakistan due to their ethno-religious bonds. However, some scholars argue that their independence status would not be possible and that they would serve as a buffer region between two hostile neighbors.

The fake promises of India’s early leadership made the issue contentious. Mahatma Gandhi, especially Nehru, did not honor their commitment to a plebiscite despite the UNSC resolution of 1947. I find myself unable to suggest anything beyond what I have already offered, namely, to ask the UNO to send impartial observers to advise us regarding the plebiscite. This is an excerpt from Nehru’s Telegram to the Prime Minister of Pakistan on December 12, 1947.

Since then, India has called the disputed region an integral part and declared the UN resolution obsolete, which is indeed a disgrace for the international institution.

As part of its political agenda, the BJP attempted to satisfy Hindu fanatics and push Hindutva policies. Many people protested the revocation, including constitutional expert AG Noorani, who called it “illegal” and “akin to committing fraud.” Pakistan protested the revocation, raising the issue in UN and OIC venues and reaffirming its support for the Kashmiris’ liberation movement. Since then, there has been an increase in human rights violations against Kashmiris, with more than 1,000 arrests, 200 injuries, and 100 fatalities reported. The move has not brought about the anticipated “normalcy, peace, and prosperity” but rather exacerbated the issue.

To impose federal rule in Jammu and Kashmir, the Modi administration intended to depose Chief Minister Mehbooba Mufti’s elected government. By implementing this evil plan, they were able to give power to Satya Pal Malik as governor, a man they had hand-picked. Malik basically confirmed the decisions made by the central government. Consequently, the Indian government’s decision to bypass the democratic process and disobey the Kashmiri people led to the controversial Article 370’s abolishment on August 5, 2019, and a protracted period of unrest and human rights violations in the disputed area.

Economic constriction disproved the Indian government’s claims of development and prosperity in IIOJK after August 2019, leading to an economic loss, the closure of 90% of local enterprises, and a 48% unemployment rate. Land grabs and religious persecution have disempowered locals, and the G20 meeting in Srinagar revealed India’s false narrative. Human rights reports reveal that approximately a thousand individuals faced arrest, more than two hundred sustained injuries, and more than one hundred lost their lives.

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