On 5 Aug 2019, India announced to revoke Article 370, a constitutional clause dating back to 1949 that gives Indian illegal occupation of Jammu and Kashmir IIOJK its special autonomous status. The scale of this move cannot be overstated. Abrogating Article 370 represents a major tipping point for an already fraught dispute with serious implications for Kashmiris and Kashmir dispute.
Kashmir dispute is the part of unfinished agenda of sub-continent’s partition. Signing of the so-called ‘instrument of accession’ by Maharaja with India was under duress and deceit.
Indian PM Jawaharlal Nehru had taken Jammu & Kashmir dispute to UN Security Council. After listening to both countries’ point of view UNSC adopted Resolution-47 (21 Apr 1948) & demanded conduct of ‘Plebiscite’ to determine wish of people.
Article 370, enabled Kashmiris to craft and implement policies independently, with the exception of key spheres such as foreign affairs and defense. It also prevented outsiders from acquiring land in Kashmir while Article 35A, a separate constitutional clause, strengthens Kashmir’s autonomous status by providing special rights and privileges to its permanent residents.
India is unilaterally altering the territorial status of a highly disputed territory that is the most militarized place in the world.
Kashmiris face daily restrictions on their freedom of expression and movement, along with the constant risk of rough treatment from Indian security personnel.
Still, for many Kashmiri Muslims, the majority group in IIOJK and the victims of Indian occupation, the revocation of Article 370 is a nightmare scenario, because it brings them closer to an Indian state that they despise.
Kashmiris of IIOJK want to be free of Indian oppressive rule and join Pakistan due to geographical and ethno-religious bondage.
Besides UNSC Resolution-47 the statements of early leadership of India including Mahatma Gandhi had ‘solemnly promised’ for a plebiscite to determine peoples wish in disputed valley.
However, with passage of time & leadership transition India brought change in its policy statements by preposterously terming Kashmir as integral part of India.
One of the India’s lines of argument is that UNSC resolutions are 70 years old. If UNSC’s resolutions are old/ obsolete, then UNO itself is in fact older than its resolutions. Would the institution also be condemned being old and obsolete?
Indian national leaders themselves admitted Kashmiris right of self-determination. The accession was provisional upon an impartial plebiscite being taken by the Kashmiris. (Mahatma Gandhi Speech at Prayer Meeting, 26th October, 1947).
Kashmir should decide question of accession by plebiscite or referendum under international auspices, such as those of the United Nations. (Nehru’s Letter to PM of Pakistan, 21 Nov1947)
“I confess, however, that I find myself unable to suggest anything beyond what I have offered already, namely, to ask the UNO to send impartial observers to advise us regarding the plebiscite. (Nehru’s Telegram to the Prime Minister of Pakistan, 12 Dec 1947)
Apart from propagating provisional nature of ‘forcible occupation’ of disputed valley India showed its conciliatory face to world by awarding it with a special status under articles 370 and 35A in its constitution – its own constitution, a separate flag and freedom to make laws.
No government of time ever tinkered with this special status of Kashmir but Modi ventured to change the constitutional status of Kashmir due to political expediencies.
Revocation was part of BJP’s electoral manifesto & action aimed to show people to have acted upon it, to make Hindu hardliners happy by populating Hindus in disputed valley.
Modi’s desire to show that the BJP is tough on Kashmir, and Pakistan and wanted to install a BJP aligned Chief Minister, pursue its Hindutva policies without any hindrances and legitimize its illegal and UN defiant moves in IIOJK.
According to Indian constitution, Article 370 could only be modified with the agreement of “State (Kashmir) government”. But there was no govt in IIOJK for over a year at the time of the illegitimate move by Modi/ BJP.
Bringing down CM Mufti’s govt & imposing federal govt’s rule was part of sinister strategy that paved way to seek approval from his hand-picked governor in IIOJK and pave way for 5 Aug 2019 action.
AG Noorani, Mumbai based constitutional expert says: “It is an illegal decision, akin to committing fraud” that could be challenged in the Supreme Court.
Pakistan being the sole voice of Kashmiris of IIOJK has vehemently opposed the illegal Indian move and raised the issue at all international forums including UN and OIC. Pakistan has reiterated its full moral support to the indigenous freedom struggle of Kashmiris who are the victim of Indian ever increasing HRs abuses.
The Kashmiri leadership and masses have utterly rejected illegal Indian move of scrapping Articles 370 & 35 A for political manipulation thus compounding the miseries of Kashmiris.
It is worth mentioning that main stay argument behind illegal move to abrogate 370; normalcy, peace and prosperity has lost its relevance as Kashmiris have faced worst kind of HRAs with every passing day after 5 August 2019.
