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Anti-Encroachment Drive-Latest Addition to Indian Draconian Measures in Kashmir

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By Sajjad Shaukat

Showing complete disregard to the Constitution, the leader of the Indian ruling party BJP-the Indian Prime Minister Narendra Modi has accelerated implementation of the Hindutva ideology (Hindu Nationalism), which also includes the Kashmiri Muslims of Indian Illegally Occupied Jammu and Kashmir (IIOJK).

Indian Constitution which claims India to be a secular state was torn into pieces on August 5, 2019 when Modi-led Indian extremist government revoked articles 35A and 370 of the Constitution, which gave a special status to the disputed territory of the IIOJK. Indian government bifurcated Jammu and Kashmir into two union territories—Jammu and Kashmir and Ladakh to be ruled by the federal government. On the same day, strict military lockdown was imposed in the IIOJK which continues unabated.

Meanwhile, under a well-planned hidden agenda, Modi-led regime has intensified, bringing demographic changes in the IIOJK. In this context, Indian various moves such as issuance of domicile certificates to more than 800000 non-Kashmiris, registration of almost 2.5 million new non-local voters in the IIOJK etc. might be cited as instance.

Besides, the Indian government introduced many new laws and amended several others to facilitate non-Kashmiris and outsiders in order to usurp the rights of the Muslim Kashmiris.

In this connection, the J&K Civil Services (Decentralisation and Recruitment) Act enables all those who lived in the occupied state for 15 years or studied there for seven years may apply for domicile. The domicile holders have the right to job and they can purchase property and have ownership rights. New Delhi in October 2020 introduced a new law i.e. Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020, enabling any Indian citizen to buy property in the territory.

In its various reports, Al Jazeera wrote: “Kashmiris fear the new laws, are aimed at a land grab to dilute the Muslim-majority character of the region…The new laws also allow the lands acquired by the government for industrial or commercial purposes to be disposed of or sold to any Indian. These also authorise the Indian army to declare any area as “strategic” for operational and training purposes.”

As regards the Indian anti-encroachment drive—demolishing the houses in the IIOJK has been accelerated. Latest reports suggest that in the Indian occupied Kashmir, government distributed forms to the residents under the target of encroachment land drive in the Parimpora police station area. More than 1000 families are on the list whose residential houses are on demolishing target.

Former Chief Minister of Jammu and Kashmir and President of the Peoples Democratic Party (PDP) Mehbooba Mufti was detained on February 8, this year in New Delhi for protesting against the Jammu and Kashmir administration’s anti-encroachment drive in the valley.

Mufti said: “Jammu and Kashmir has been turned into Afghanistan by the Bharatiya Janata Party (BJP). The administration is using bulldozers to demolish the homes of the poor in the name of an anti-encroachment drive.

She stated that the ruling BJP has already taken jobs and lands from Kashmiris and is now taking away shelter from them. She asked all the opposition parties to come together to fight against this brutality.

Mehbooba Mufti also lashed out against Indian government and Indian Armed forces saying “China has encroached our 20000 square km. of Indian land, if the government is serious then let the encroached land be retrieved from China first.

While, Indian government has faced humiliation as the Amnesty International demanded India to immediately stop its anti-encroachment drive in the IIOJK.

In this respect, responding to the demolition of homes and businesses in Srinagar, Budgam, Anantnag and Baramulla in Jammu and Kashmir that are ongoing since February 4, 2023, Amnesty International on February 7, 2023 demanded that the Indian authorities must immediately halt the demolition drive and ensure that safeguards against forced evictions as outlined in international human rights standards are put in place before any evictions are carried out.

Aakar Patel, an Amnesty International official in India, said in a statement: “The ongoing demolitions appear to be an extension of the brutal human rights violations in the region of Jammu and Kashmir, the only Muslim majority region of India, has historically witnessed.”

He also remarked that they (authorities) must offer adequate compensation to all those affected without discrimination, ensure that victims of forced evictions have access to an effective remedy, and those responsible are held to account.

Patel, emphatically, pointed out: “Under the International Covenant on Economic, Social and Cultural Rights, to which India is a state party, everyone has the right to adequate housing which includes a prohibition on forced evictions. Where justified, evictions should be carried out in accordance with general principles of reasonableness and proportionality and include safeguards of reasonable and adequate notice; provision of legal remedies for infringement of rights; and provision of legal aid to people who need it to seek redress from the courts. No one should be made homeless or vulnerable to other human rights violations because of evictions.”

According to media reports, the municipal authorities and district officials demolished many structures in four districts of Srinagar, Anantnag, Baramulla, and Budgam in Jammu and Kashmir.

And Modi-regime has also sent gangs of RSS-BJP volunteers permanently stationed in the occupied Kashmir. 

It is noteworthy that New Delhi intends to thwart the related UN resolutions which recognise that Jammu and Kashmir is a disputed territory and right to self-determination of the Kashmiri people will be decided after holding a plebiscite. So, if India is compelled to hold a plebiscite in Jammu and Kashmir in the future, the results can go in Indian favour.

Indian forces have been also availing various draconian laws such as Armed Forces Special Powers Act (AFSPA), the Public Safety Act (PSA) etc. in martyring the Kashmiri people, and for arbitrarily arrest of any individual for an indefinite period. Besides UNO, Human Rights Watch and Amnesty International, various other rights groups have also pointed out grave human rights violations in the IIOJK.

Notably, Amnesty International also stated on September 29, 2020 that it is “stopping its work in India because the government has frozen its bank accounts” on September 10 for highlighting rights violations in Jammu and Kashmir” and “the government had sought to punish it for that”.

Nevertheless, the Kashmiri leadership has alleged that the so-called anti-encroachment drive launched by the Indian occupational administration is the new weapon for BJP to persecute Kashmiris—mainly targeting Muslims.

This is a latest addition to the weapons being used by the BJP regime, like they have Unlawful Activities (Prevention) Act 1967, Jammu and Kashmir Public Safety Act 1978, National Investigation Agency Act 2003 and the Directorate of Enforcement (ED)-a law enforcement agency, including other laws and agencies to persecute the people of Jammu and Kashmir and uproot them from their homes.

It is mentionable that masses are also terming the step as a part of corruption practice by BJP—under the garb of this drive, as the Indian occupational administration wants money from rich and vote from the poor.

Nonetheless, it is evident from the current agitation in entire region (Kashmir, Jammu and Ladakh) that Indian illegal move of abrogating articles 370 and 35A have backfired. People of Kashmir have unanimously rejected Indian narrative of normalcy, prosperity and improved law and order being propagated through Modi-led media after August 2019.

Sajjad Shaukat writes on international affairs and is author of the book: US vs Islamic Militants, Invisible Balance of Power: Dangerous Shift in International Relations

Email: [email protected]



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