THE CONSEQUENCES OF ABROGATING 370 AND 35A IN IIOJK

With its stunning beauty and great strategic relevance, Kashmir is still one of the most divisive and controversial areas in South Asia. Kashmir has been a frequent cause of strife since the 1947 division, sparking many conflicts between India and Pakistan. This is a problem of international relevance mixed with legal, historical and humanitarian aspects, not only a bilateral dispute. Examining the effects and transforming power of this infamous edict is essential as the anniversary of the cancellation of Articles 370 and 35A approaches August 5.

Under Prime Minister Narendra Modi, the Indian government withdrew the special status of Jammu and Kashmir on August 5, 2019, therefore bringing about a radical change in the political and legal scene of the territory. As so, the territory was split into two Union Territories – Jammu and Kashmir and Ladakh subjecting them to direct federal authority. Aiming to change the demographic composition of Jammu and Kashmir by allowing non-Kashmiris to obtain land and relocate there, therefore weakening its Muslim-majority status, this action, marked by strong nationalism, bears a frightening resemblance to earlier ethnic cleansing policies. Also, the Modi government has plans to name a BJP chief minister for the area.

The area saw massive troop deployments, a communication blackout, and protracted lockdowns following abrogation, therefore depriving the people of their basic right to express opposition and protest. Aimed at subjugating the Kashmiri people, reports of human rights abuses including extrajudicial killings, arbitrary detentions, and widespread torture have exploded. Drawing worrisome similarities, the policies of the Modi government clearly reflect the ideas of Nazi Germany.

Furthermore, an unrelenting misinformation campaign against Pakistan and its intelligence services keeps on falsely accusing them of encouraging worldwide terrorism. Driven by an indigenous movement for self-determination and an end to foreign occupation, the Kashmiri fight for freedom is nevertheless profoundly anchored in the history and culture of the area. This opposition is a real expression of the hopes of the Kashmiri people, who have suffered greatly in their path of emancipation. It is not outside imposed.

Though India presents normalcy to fool foreign investors, the economic stranding of the Muslim people continues with assets destroyed and access to resources severely limited. Dramatic laws like the Unlawful Activities Prevention Act (UAPA) enable intimidation strategies against political leaders, reporters, human rights activists, and common Kashmiris to be rampant, therefore aggravating the humanitarian situation.

India’s non-compliance with several UN resolutions calling for a referendum to decide the fate of the Kashmiri people persists unabatedly even if the UN has passed several resolutions in this direction. This ongoing occupation and non-compliance clearly violate international law, therefore erasing UN credibility. Often ascribed to geopolitical and commercial interests, the silence on Kashmir by the international community highlights a great hypocrisy in world affairs.

Though there have been many abuses of human rights, foreign reactions have been slow and characterized by sporadic professions of concern but inaction to hold India responsible. Kashmir is quite geopolitally important; Pakistan regards it as their “jugular vein.” Deep emotional and cultural ties between the area and Pakistan help to underline its significance in Pakistanis’ hearts and brains.

India’s unfounded assertions about Gilgit Baltistan and Azad Jammu & Kashmir (AJ&K) along with military threats contrast sharply with the reality AJ&K enjoys great political autonomy. The area runs its own government, therefore granting a sense of self-determination and administration lacking in Indian Illegally Occupied Jammu and Kashmir (IIOJK). Furthermore, compared to IIOJK, AJ&K’s financial independence and autonomous economic policies have raised standards of living.

Still one of the most complex and long-standing conflicts in modern history, the Kashmir conflict is a legacy from the 1947 split and is rife with political resistance, judicial battles, and breaches of human rights. Widely denounced as demographic apartheid, India’s unilateral abrogation of Articles 370 and 35A lacks legal basis and qualifies as war crimes given their great effect on the indigenous population. The silence and inaction of the international community have only made Kashmiri people more suffering.

Human rights campaigners, the international community, and UN agencies have long overdue recognition of the legitimate ambitions of the Kashmiri people and action to be taken in line with UN resolutions, international law, and justice.