5 August 2019 marked a pivotal turning point in the protracted Kashmir dispute, prompting a reevaluation of the lens through which the region has traditionally been analyzed. While historical narratives have predominantly applied a colonial framework to comprehend the complexities of Kashmir, emerging developments have led scholars to consider an alternative perspective rooted in settler colonialism.
Colonialism and settler colonialism represent distinct yet interconnected modes of oppression, each characterized by migration and a hierarchical relationship. However, their fundamental objectives differ significantly. Classic colonialism operates as a “system of domination,” enabled by territorial expansion. In this context, colonizers aim to exploit the resources and labour of an indigenous majority to serve the interests of their distant metropolis. Their intention is not to settle permanently in the newly acquired territory but rather to perpetuate the subordination of the colonized population.
Conversely, settler colonialism pursues the permanent occupation of the colonized land. Settler states actively recruit settler classes who assert their alleged sovereign prerogative to establish a new state on the indigenous population’s land. To maintain their dominion, settler states, often assisted by a local administration, construct narratives of a distinctive cultural identity, establish independent systems of law and order, and rely on military and economic power. The law, in particular, plays a pivotal role in cementing and expanding the settler colonial project. It not only determines the allocation of land and resources but also regulates the distribution of violence within the settler regime. In this way, the law serves as a potent tool to solidify the settler state’s authority and perpetuate its control over the colonized territory.
To achieve lasting peace and justice in the region, it is crucial for the international community and policymakers to closely monitor the situation, ensure respect for human rights, and engage in meaningful dialogue with all stakeholders involved. Only through an inclusive and equitable approach can a path toward sustainable resolution and reconciliation be forged for Jammu and Kashmir
In light of recent events, specifically the abrogation of Article 370 and the subsequent lifting of restrictions on land ownership and residency rights, a significant influx of non-Kashmiri residents has been observed in the region. Such demographic shifts evoke questions concerning India’s identity as a settler state, as the arrival of new settlers potentially alters the social fabric and marginalizes the indigenous populace, thus accentuating the relevance of the settler colonial lens in comprehending the complexities of the Kashmir issue. This article delves into the implications of adopting the settler colonial perspective, illuminating how it enriches our understanding of India’s policies in Jammu and Kashmir and the multifarious challenges it poses to the well-being of the region’s indigenous communities.
The abrogation of Article 370 in August 2019, which granted Jammu and Kashmir special autonomy within India, marked a significant turning point. The subsequent removal of restrictions on land ownership and residency rights has raised fears of demographic change in the region. Critics contend that the lifting of these restrictions has opened the floodgates for non-Kashmiri settlers to move in, thereby altering the demographics and potentially eroding the indigenous culture that has thrived for centuries.
The settler colonial agenda has materialized through large-scale land acquisitions for various development projects in Jammu and Kashmir. Many of these projects, including infrastructure and tourism initiatives, have been conducted without meaningful consultation with local communities, leading to the displacement of indigenous people from their ancestral lands. Peoples Democratic Party (PDP) President and former chief minister Mehbooba Mufti accused the J&K administration of “bringing the people from outside under the garb of land for landless and home for the homeless to change the region’s demography”. According to a news gathering agency Kashmir News Observer (KNO), addressing a press conference at PDP headquarters in Srinagar, Mehbooba said that after the abrogation of Article 370, the administration considers the jobs, water resources, and land of the people of J&K as “war booty”. According to Omar Abdullah, grandson of Sheikh Abdullah, “Unacceptable amendments to the land ownership laws of J&K are happening. Even the tokenism of domicile has been done away with when purchasing non-agricultural land and transfer of agricultural land has been made easier. J&K is now up for sale and the poorer small land-holding owners will suffer”. This loss of land and livelihood further marginalizes the already vulnerable indigenous population, deepening their sense of disempowerment and alienation.
The prolonged and often heavy-handed presence of armed forces in Jammu and Kashmir is justified by the Armed Forces Special Powers Act (AFSPA). However, this legislation has been widely criticized for providing security forces with impunity in areas labeled as “disturbed.” As a result, numerous reports of human rights abuses have emerged, including allegations of extrajudicial killings, enforced disappearances, and sexual violence against Kashmiri civilians. According to Human Rights Watch 2020 report “The Armed Forces (Special Powers) Act continued to provide effective immunity from prosecution to security forces, even for serious human rights abuses. In July 2020, security forces killed three people in Shopian district, claiming they were militants. However, in August, their families, who identified them from photographs of the killings circulated on social media, said they were labourers. In September, the army said that its inquiry had found prima facie evidence that its troops exceeded powers under the AFSPA and it would take disciplinary proceedings”. The deeply ingrained culture of impunity has perpetuated a cycle of violence and mistrust between the security forces and the local population.
Erosion of Indigenous Identity and Cultural Heritage: The influx of non-indigenous settlers and policies that favour their integration can lead to the dilution of Kashmiri identity, language, and traditions. Moreover, the promotion of non-indigenous cultural expressions may overshadow and marginalize the rich and diverse cultural heritage of the Kashmiri people. The lopsided emphasis on Kashmir’s Hindu heritage has supplied non-Kashmiri Hindus with both the reason to desire the region and the justifications to do so. In particular, the promotion of the Amarnath Yatra— a Hindu pilgrimage to an ice formation believed to represent Lord Shiva— has grown increasingly over the years through increased institutional support.
Such support has been particularly effective where it has equated the pilgrimage with national pride— where the yearning for Moksha (salvation) was also a befitting gesture of solidarity with soldiers fighting the enemy to defend borders. By bringing Hindu temples and relics to the fore, the Indian state and its proponents have only fueled the idea that it is Muslim Kashmiris who are the exogenous “Others”.
The settler colonial agenda can exacerbate economic disparities between settlers and the indigenous population. Non-Kashmiri settlers may have access to better economic opportunities and resources, facilitated by the state’s policies, while the local population faces systemic barriers and discrimination. This unequal distribution of resources can further deepen the economic marginalization of the indigenous people, reinforcing their sense of injustice and exclusion from mainstream society.
Jammu and Kashmir, once a region with a special status within India, has faced political marginalization since the abrogation of Article 370. The region’s special status was revoked without the consent of its people, leading to a sense of betrayal and disenfranchisement. Subsequent political decisions have often been perceived as not reflecting the aspirations of the indigenous population, further widening the gap between the state and the people. The lack of genuine representation and meaningful engagement in the political process adds to the complexities of the region’s socio-political landscape.
The settler colonial agenda of India in Jammu and Kashmir has significant implications for the region’s future stability, human rights, and socio-cultural fabric. Demographic changes, land acquisitions, human rights abuses, erosion of cultural identity, economic disparities, and political marginalization have created an environment of tension and unrest.
To achieve lasting peace and justice in the region, it is crucial for the international community and policymakers to closely monitor the situation, ensure respect for human rights, and engage in meaningful dialogue with all stakeholders involved. Only through an inclusive and equitable approach can a path toward sustainable resolution and reconciliation be forged for Jammu and Kashmir.
