The state of Jammu and Kashmir is the only state that defined its terms of accession and got special status in the Indian Constitution through Article 370. This special status was a constitutional provision that allowed the state assembly and government to make legislation and define its other relationships with the Indian Union. The inclusion of Article 370 in the Indian Constitution was the result of negotiations between the leaders of Kashmir and India.
As global citizens, we must remain vigilant and push for a resolution that respects Kashmir’s unique identity and guarantees its people a prosperous and secure future. Let us strive for a world where principles of justice and fairness reign supreme, and no one’s suffering goes unnoticed or unaddressed. Only then can we hope to witness true peace and reconciliation in Kashmir
However, over time, various changes were made to weaken this special status. In 1950, the Indian-Occupied KashmirConstituent Assembly was established with the authority to create its constitution and endorse relevant articles of the Indian Constitution. One significant addition was Article 35A, which continued the Maharaja’s state subject rule, empowering the state government to define permanent residents and restrict property acquisition by non-residents. Article 370 was of symbolic significance for the people of Jammu and Kashmir, as it preserved their identity and culture despite their facing Indian aggression, brutality, and tyrannical rule. It allowed the state legislators to enact laws for Jammu and Kashmir, with some exceptions like defense, communications, and foreign affairs. The third clause of Article 370 stipulated that any change or abrogation of this Article required the recommendation of the J&K Constituent Assembly. However, that Assembly was dissolved on 26 January 1957, making the abrogation of the special status unconstitutional. Despite being a permanent status, the BJP government forcefully abrogated this legislation, effectively converting the state into a sub-jail. New Delhi claimed that this move would lead the state towards prosperity, but reality paints a different picture. The abrogation has caused significant changes and challenges in the region.
After the revocation of Article 370 on 5 August 2019, the the state was divided into two separate union territories: Jammu and Kashmir, and Ladakh. This move abolished the region’s special status and brought it directly under the jurisdiction of the Indian central government. The removal of Article 370 raised concerns about its potential impact on the demographic composition of the region. Many critics likened the situation to Israel’s occupation of Palestinian territory, where mass migration and settlement of a particular group altered the demographic balance. The abrogation was seen as an attempt to transform the long-standing international dispute over Kashmir into a domestic issue within India’s borders. In the aftermath, the illegal union territory government issued a staggering number of domicile certificates, totaling up to 3.5 million, to outsiders in Jammu and Kashmir. The new rules for claiming domicile in Indian-Occupied Kashmir allowed individuals who had lived in the region for 15 years or served in various capacities, such as in universities, banks, or other jobs, for 10 years to become eligible for obtaining domicile. Even children of persons serving in Indian-Occupied Kashmir, or those who had passed the 11th and 12th exams, were granted eligibility for claiming domicile. Critics have expressed concerns about the domicile issuance, particularly the significant number of domiciles being issued to ex-army personnel (Sainiks). This has raised suspicions of a deliberate attempt to alter the demographic landscape of the region and posed potential security threats for the local residents. The intentions behind these changes have sparked controversy, with some alleging that the ruling party, BJP, plans to settle extremist Hindus in the Valley, potentially leading to ethnic cleansing and the creation of new conflicts to control the demographic superiority of the Muslim population in the region.
After the abrogation, several political leaders in Jammu and Kashmir were detained or placed under house arrest as a security measure. Prominent leaders of regional parties, including Syed Ali Gillani (since deceased), Yasin Malik, Omar Abdullah and Mehbooba Mufti, were among those who faced detention. This move was to suppress the Kashmiri leadership.
Arundhati Roy,the Indian writer, while speaking in New York said: “The biggest myth of all times is that India is a democracy. In reality, it is not. Several states in India are on the verge of civil war.” After the revocation of Article 370, the rape cases are increasing on daily basis. Torture, sexual assault, abduction of youngsters, night raids, missing persons, mass graves are common in Indian-Occupied Kashmir.
According to UNHCR reports of 2018 and 2019, Indian-Occupied Kashmir is living with widespread and organized human rights abuses for the past four decades. In 2020, the NIA conducted multiple raids on the residences and offices of well-known human rights defenders like Khurram Parvez, three of his associates and Parveena Ahanger.
Minister of State for Home Affairs, Ajay Kumar Mishra, in response to a question in the Rajya Sabha said: “The cost of pursuing journalism in Jammu & Kashmir is huge.” Anuradha Bhasin, the executive editor of The Kashmir Times, revealed in an interview with The Wire that government policies have virtually silenced the media and they are working under surveillance. Kashmiri Journalists face oral ‘summons’ and interrogation as well as raids as they are frequently being asked for ‘police verification’. In her book, A Dismantled State (The Untold Story of Kashmir after Article 379), she highlights the onslaught journalists face in Kashmir, especially after the repeal of Article 370. The book documents the arm-twisting methods used by the authorities to silence journalists from thrashings, detentions and criminalisation through laws and policies and the impact this ‘Orwellian policy’ has on the fourth pillar of democracy. It has become impossible for journalists to continue their work independently.”
The region has also witnessed a rise in unlawful killings perpetrated by armed groups. Reports from the Jammu & Kashmir Coalition of Civil Society (JKCC) indicate that in 2019 alone, Indian forces carried out 195 search and cordon operations, resulting in the deaths of 165 individuals after August 5. The abrogation of Article 370 has also had a significant impact on the region’s economy and employment prospects. The unemployment rate has surged to 16.2 percent, as reported by the Centre for Monitoring Indian Economy (CMIE), which is more than double the unemployment rate of the Indian Union, which stands at 6.7 percent.
The economic repercussions have been acutely felt by the people of Jammu & Kashmir, with around 500,000 people losing their jobs following the revocation of the special status. The Kashmir Chamber of Commerce and Industries (KCCI) has estimated that the Kashmiri business community faced losses of about Rs 40 billion, and the situation remains unfavourable for the business sector.
While the Indian government has propagated that Article 370 was the primary reason for the state’s economic underdevelopment, the reality seems more complex and multifaceted. The changes brought about by the abrogation have created significant challenges, impacting not only the economy but also various other aspects of life in the region.
During the communication clampdown in Kashmir, the Indian government decided to conduct online auctions for mineral extraction tenders. However, this made it impossible for Kashmiris to apply, leading to an overwhelming majority of these licences being allotted to Indians rather than Kashmiris. Over 200 mineral blocks in the Jhelum River and its tributaries, spanning all 10 districts of the region, were opened for mining of sand, boulders, gravel, and other riverbed materials. Local contractor Abdul Ahad expressed his concerns, stating, “It is not injustice with us and our families but our murder,” during an interview with Anadolu Agency. Consequently, an unprecedented 70 percent% of the total mining contracts were awarded to Indians.
The implications of these changes remain complex and multifaceted, raising various concerns about the region’s future. Kashmir’s predicament demands our attention and concern. The region’s peace and stability can only be achieved through genuine diplomatic efforts that prioritize human rights and the aspirations of its people.
As global citizens, we must remain vigilant and push for a resolution that respects Kashmir’s unique identity and guarantees its people a prosperous and secure future. Let us strive for a world where principles of justice and fairness reign supreme, and no one’s suffering goes unnoticed or unaddressed. Only then can we hope to witness true peace and reconciliation in Kashmir.
