Abolition of article 370 and 35A

& Status of Kashmir

Name :: Kamran Shafiq

Semester :: BS ( Bridging) 7th

Course :: Geo Politics in Pakistan

Roll No :: PS-21470

Submitted to :: Sir Shehzad

Department of Pakistan Studies

National University of Modern Languages
Islamabad, Pakistan
Contents
Background ................................................................................................................................................... 3
Revocation of article 370 and 35A ............................................................................................................... 3
Military siege & other restrictions ............................................................................................................... 4
India launches lawfare against Kashmiris ................................................................................................... 4
Indian’s objective ......................................................................................................................................... 6
Pakistan’s response ...................................................................................................................................... 6
How world Reacted ...................................................................................................................................... 7
Future of Kashmir and indo Pak relations ................................................................................................... 8
Conclusions ................................................................................................................................................... 8
Background

The right-wing Hindu forces including Rashtriya Swayamsevak Sangh (RSS) and
Bharatiya Janata Party (BJP) had a long-standing desire of complete integration of
Indian illegally occupied Jammu and Kashmir with the Indian Union and revival of
the Hindu civilisation in the territory. Kashmir remained one of their main focuses
following the formation of Narendra Modi-led fascist government in New Delhi in
2014. However, they found a golden opportunity to give practical shape to their
nefarious designs after the BJP won a landslide victory in 2019 Indian general
elections. They intensified their efforts to implement their Hindutva agenda in the
territory and as a first step made the announcement of repealing the special status
of occupied Kashmir on August 05, 2019. As such, this date became a turning point
in the history of IIOJK.

Revocation of article 370 and 35A

The move came via presidential orders, which revoked Article 370 and Article 35A
of the Indian constitution. Article 370 had accorded special autonomous status to
Jammu and Kashmir and all the provisions of the Indian Constitution, which were
applicable to the Indian states did not apply to the territory. Due to this Article,
Jammu and Kashmir was a region, which (despite being a part of Indian Union under
the so-called Instrument of Accession) enjoyed separate constitution, flag and
official language. It was only because of this Article that except for defence, foreign
affairs, finance and communications, Indian Parliament needed the concurrence of
the so-called government of Jammu and Kashmir. Though most of the special
privileges that Jammu and Kashmir was entitled to under the Article 370 had long
been eroded with the passage of time yet Article 35A debarred non-Kashmiris from
acquiring property and jobs in government institutions in the territory. Through the
so-called Jammu and Kashmir Reorganization Act (2019), the Indian government
also divided the occupied territory into two Union Territories – Jammu and Kashmir
with a legislature and Ladakh without a legislature.
Military siege & other restrictions

The Modi-led rightwing Indian government created an environment of fear and

terror in IIOJK by adopting a multi-pronged military approach to quell the
Kashmiris’ resistance to its unilateral and illegal actions of 5th August 2019. It
imposed curfew in the main cities and towns of IIOJK and suspended all internet,
cellular as well as landline phone and television services. Indian forces personnel
were deployed in every nook and corner of the occupied territory while the army
and air forces’ were also put on high alert. Fear and anxiety had already gripped
occupied Kashmir as India had deployed 38,000 additional troops few days before
enacting the illegal move. It had also cancelled a major Hindu pilgrimage,
Amarnath Yatra, ordered closure of schools and colleges and asked tourists to leave
the territory. The authorities also imposed strict restrictions on the media. Local
newspapers even failed to update their online editions. Majority of the newspapers
also could not be printed for months due to curfew and other restrictions. No
reports of the territory could reach the news outlets in India and the world. The
IIOJK virtually remained cut off from the rest of the world.

The abrogation of the special status of Kashmir was accompanied by arrest of

around 19,000 innocent Kashmiris including Hurriyat leaders, political activists,
lawyers, human rights defenders and leaders of religious, trade and social
organisations. During this military crackdown, over 8 million Kashmiris were locked
down in their homes incommunicado. The continued military siege for months
created a humanitarian crisis as people faced acute shortage of essential
commodities and life-saving drugs.
At the same time, Indian troops under the cover of draconian laws like Armed
Forces Special Powers Act (AFSPA), Public Safety Act (PSA) and Unlawful Activities
(Prevention) Act (UAPA), intensified violent operations and since 5th August 2019
till June 30, this year, the occupational troops have martyred 660 Kashmiris. The
troops have damaged over 1,092 houses .

India launches lawfare against Kashmiris

After the 5th of August 2019, the occupation of Jammu and Kashmir by India can
well be defined as a case of prolonged Indian illegal occupation of the territory.
India annexed with it an internationally recognized disputed territory and changed
its status. India, in brazen violation of international norms, abrogated laws that
upheld the separate identity of the occupied land.

After the 5th August illegal and unilateral actions, India launched a lawfare against
the people of Jammu and Kashmir, changing laws and imposing new colonial laws.
Besides extending several federal laws, India introduced new domicile and land
ownership laws to occupied Kashmir. Recently, New Delhi-installed administration
in IIOJK added a clause to the J&K Grant of Domicile Certificate (Procedure) Rules,
2020, allowing the spouse of a native woman married outside the territory to apply
for a domicile certificate. Even after the August 5, 2019 abrogation of Article 370
and 35-A, the spouse of a native woman married outside IIOJK was not issued a
domicile certificate as the gazette notification issued by the Indian government on
August 4, 2020 provided for the issuance of a domicile certificate only to those who
have resided in J&K for 15 years, or have studied for 7 years in the territory. He was
entitled to a domicile certificate only subject to the fulfilment of above conditions.
The new clause has removed even these conditions.
The new legal framework provides the occupation authorities a full license of
changing the demography of the territory while converting the locals’ majority into
a minority by opening gate for an influx of non-Kashmiris. In gross violation of the
UN resolutions and the international law, Modi government has granted domicile
status to over 32 lac people, majority of them non-Kashmiri Hindus. Apprehensions
are ripe that more than 800,000 Indian soldiers and over 600,000 migrant labourers
present in the territory might also be granted the domicile status in the coming
days and months.
India has made another law authorising its army to declare any land in the occupied
territory as strategic and take it into its possession. Also, as part of its anti-Muslim
policies, BJP led Indian regime took several steps to do away with the symbols and
manifestations, which portrayed the inherent distinct character of Jammu and
Kashmir. During the cordon and search operations the people of IIOJK are dictated
to chant slogans of Hindu religion and those who do not comply are subjected to
torture.
The Indian government has unveiled a new media policy for IIOJK in the name of
examining the content of print, electronic and other forms of media. As per new
laws, the media can print and publish only that content, which is approved by the
authorities.
Indian government run administration in IIOJK has started to arbitrarily sack
Muslim employees from government departments for being sympathetic to the
resistance movement. Since April 2021, over a dozen such employees have been
fired in the name of being ‘threat to the security of India’ without explaining them
on what basis they were sacked and without giving them a chance of fair
representation.
The Modi regime has finalised the process of delimitation of Lok Sabha and
assembly constituencies in J&K with an aim to give more seats to Hindu-dominated
areas of Jammu division. By doing this, the RSS-backed Indian regime wants to gain
majority whenever so-called Assembly elections are held in IIOJK and install its own
chief minister in the occupied territory.

Indian’s objective

The Articles 370 and 35A provided important legal protections that restricted non-
Kashmiris from getting jobs, purchasing land and permanently settling in IIOJK. The
whole purpose behind the abrogation of Articles 370 and 35A was to remove this
barrier and thus convert IIOJK’s Muslim majority into a minority by legalising the
settlement of non-Kashmiri Hindus there. This will allow massive demographic
changes and thus diluting the Muslim-Majority character of IIOJK. This indeed can
affect the results in India’s favour if New Delhi is compelled to hold a plebiscite in
Jammu and Kashmir at any point of time in the future. It is also aimed at damaging
the essence of the UN resolutions under which Jammu and Kashmir is a disputed
territory and its fate is to be decided by the Kashmiri people through the exercise
of their right to self-determination.

Pakistan’s response

The 5th August move of the Modi government caused strong resentment across
Pakistan. The people and government of Pakistan expressed solidarity with the
people of IIOJK and reaffirmed their continued support to the Kashmir cause. They
rejected the unilateral changes in the status of occupied Jammu and Kashmir as
violations of international and bilateral agreements. The Government of Pakistan
repeatedly urged the UN and the international community to intervene to stop
India from changing the disputed territory’s demography. Pakistani leadership
effectively highlighted at the global forums the sufferings of the people of the
occupied territory. Pakistan drew world’s attention to the worst Indian atrocities
on the people of IIOJK and repeatedly warned the world that Modi government’s
belligerent posture posed serious threat to the regional and global peace.
The Pakistan’s Foreign Ministry is continuously updating the world leaders on the
Indian atrocities on the people of the occupied territory. Since August 05, 2019, the
Pakistan Parliament has passed several resolutions expressing solidarity with the
oppressed people of IIOJK and condemning India’s illegal actions in the territory.
As part of its programs, the Government of Pakistan announced to observe ‘Youm-
e-Istehsal’ (Day of Exploitation) on August 5 to mark the anniversary of India’s
illegal revocation of IIOJK’s special status. The main intent behind observing the
occasion is to show solidarity with the people of IIOJK, expose Indian atrocities as
well as its evil designs against them.
In year 2020 to 2022 on ‘Youm-e-Istehsal’ day, the Pakistan’s government arranged
host of events in order to denounce the Indian actions against the Kashmiri people
as well as the atrocities being carried out by Indian forces in the occupied territory.
The government also renamed Islamabad’s Kashmir Highway as Srinagar Highway
to highlight this day.

How world Reacted

In the aftermath of 5th of August 2019, Jammu and Kashmir assumed a centre stage
and the dispute became a serious discourse all across the globe. The Pakistan’s
strenuous efforts and the grim human rights situation caused by the continued
military siege in the occupied territory convinced the UN Security Council to hold
its session on Kashmir thrice first time after the period of over 50 years. Following
the heightened tension between Pakistan and India, the UN Secretary General
Antonio Guterres and the former US President Donald Trump repeatedly offered
mediation to resolve the Kashmir dispute. The UN High Commissioner for Human
Rights, Michelle Bachelet, several members of UK parliament and US lawmakers as
well as world bodies including the OIC, the Amnesty International and Human
Rights Watch have expressed serious concern over the rights situation in IIOJK. The
Human Rights Council issued two reports on the grim situation in Kashmir. UN
Rapporteurs also issued their statements highlighting the human rights situation of
the territory. The Genocide Watch, international watchdog that keeps an eye on
the international disputes, has issued a genocide alert for Muslims living in
occupied Jammu and Kashmir.
Future of Kashmir and indo Pak relations
The abrogation of article 370 is all about rectifying the unfinished colonial
mess by extending effective territorial sovereignty over lands that India has
claimed historically. The administration has developed a new foreign policy
template by battling Pakistani terrorism and reorganising the political status
of the valley. The key to its success now hinges on two reasons. First is political
reconciliation in the valley, which is crucial because BJP may have decided.
After all, it may have had the numbers in the Parliament. But, democracy is
not about the parliamentary majority but much more than that.34India's new
position on Pakistan is that if a dialogue happens with Pakistan when it
stops sponsoring terrorism, it will occur only on PoK. It will take a long time
for Pakistan to understand that Kashmir is no longer a bilateral issue. From
the Pakistani viewpoint, accepting the abnormal as the new normal would
require a massive shift in the psyche of Pakistan. Pakistani army would no
longer be able to claim supremacy on foreign policy anymore. It would also
not garner the majority of the resources in the name of a fictional Kashmir
issue.35The Srinagar airport should develop capabilities that would enable
Kashmir to export its products to the world, as this will also have a positive
diplomatic repercussion. Similarly, the government should positively speed
up the rehabilitation of Kashmiri Pandits back in the valley

Conclusions

The concluding remarks are that the BJP’s move in 2019 to eliminate the special
status of J&K was to gain domestic political mileage. In pursuit of legitimizing
India’s illegal occupation of the region, the BJP has distributed thousands of
domiciles to the non-Kashmir to ensure the plight of the Kashmiri people. The
efforts remained unsuccessful so far as the Kashmiri people were determined
to gain independence from India.. But the fact this that such an effort would not
uproot the Kashmiri people’s effort to acquire and attain self-determination and
their born struggle to gain independence. The issue can be resolved as per
international law but Indian efforts are against the very spirit of the
International norms and regime toward conflict resolution. Indian efforts
for demographic invasion of the region are fruitless as it would not underestimate
the struggle put up by Kashmiri people since the subcontinent partition.
References
https://idpr.org.uk/index.php/idpr/article/view/122/134

https://www.aljazeera.com/news/2019/8/5/kashmir-special-status-explained-what-are-articles-370-
and-35a

https://en.wikipedia.org/wiki/Revocation_of_the_special_status_of_Jammu_and_Kashmir