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Turmoil of a princely state
Turmoil of a princely state
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JAMMU AND KASHMIR
THE TURMOILS OF A PRINCELY STATE
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JAMMU AND KASHMIR
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DECLARATION
Pranav Chadha
Rajiv Gandhi National University of Law, Punjab,
Patiala
Date
SUPERVISOR’S CERTIFICATE
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ACKNOWLEDGEMENT
Every humble being should always first honor and thank those who have
helped him throughout their journey. With that, I would like to express my
gratitude towards Rajiv Gandhi National University of Law, which has allowed
me to pursue good and structured academic schemes and has added to my level
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of skills. Every opportunity I get here, every work that I undertake or intend to
undertake I will always be grateful to my University.
Further, I would like to thanks our respected Vice-Chancellor Dr. G.S. Bajpai
for steering the university towards growth based and efficient academic
curriculum which allows one to explore and implore their skills and work upon
them to a greater extent.
Lastly, I would like to extend my letter of thanks to my friends and family for
showing faith in me in the journey of this research project, they are the
backbone of this project and have motivated me when I felt like I cannot do it
anymore. And God, without your eyes on me and inner strength this project
would have always remained an idea.
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Table of Contents
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ACKNOWLEDGEMENT
PRANAV CHADHA
CLASS: BA LLB 1ST YEAR
SECTION: C
ROLL NO.:
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i)
Kashmir Division
“The region, which is both beautiful and contentious, is bordered by
the Pir Panjal Range in the southwest and the Himalayan Range in the
northeast. The valley's 15,520.3 km2 of area is divided from the
Tibetan plateau by the Himalayas and is approx. 6070 ft above the sea
level. Most of Kashmir valley is covered with thickly forested
mountains and the basin of Kashmir spans about 100 kilometers wide
areas. The River Jhelum, along with its tributaries, flows through this
Kashmir valley. A few other major rivers flowing through this region
include the Indus and the Chenab
Many scholars say that the name Kashmir came from a lake drained
by the great Saint of ancient India Kashyap.”2
1
“Jammu and Kashmir (Union Territory).” Wikipedia, 14 Oct. 2022,
en.wikipedia.org/wiki/Jammu_and_Kashmir_(union_territory)#:~:text=The%20southern%20Jammu%20region%20is,flowing
%20through%20the%20Jammu%20region.
2
“Kashmir Valley.” Wikipedia, 1 Sept. 2022, en.wikipedia.org/wiki/Kashmir_Valley.
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Ladakh region forms the northern and eastern parts of the state. It is an
arid tableland with an average altitude of 5000 meters. It is a cold
desert having very low rainfall and scanty vegetation. Indus River
passes through this region
The Greater Himalayas in the region are called ‘Zanskar.’ The average
height of Zanskar range is about 5940 meters and Some of the coldest
places like Drass and Rangdom located in Greater Himalayas.
iv) BOUNDARIES
The erstwhile Jammu & Kashmir shares its borders with China in the
east, Pakistan in the west, Afghanistan in the north and plains of
Punjab and Himachal in the south and south-east.
3
“List of Kashmir Kings Since 3450 BCE January 19, 2017.” Booksfact, 19 Jan. 2019, www.booksfact.com/history/list-kashmir-
kings-since-3450-bce.html.
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2. DEMOGRAPHIC PROFILE
The detailed analysis of Population Census 2011 published by Govt. of India for
Jammu and Kashmir state reveal that population of Jammu and Kashmir is
12,541,302 (males and females are 6,640,662 and 5,900,640, respectively), and
increased by 23.64% in this decade compared (2001-2011) to past decade
(1991-2001) with a dynasty of 124 persons per sq. Km. The population of
Jammu and Kashmir forms 1.04 percent of India in 2011.
i) Kashmir:
About 96.4% of the population of the Kashmir valley are Muslim, followed
by Hindus (2.45%) and Sikhs (0.98%) and others (0.17%) Shias live in the
district of Budgam, where they are a majority. The Shia population is
estimated to comprise 14% of the state's population.
ii) Jammu:
In Jammu, Hindus constitute 62.55% of the population, Muslims 33.45%
and Sikhs 3.3%.
iii) Ladakh:
In Ladakh (comprises Buddhists-dominated Leh and Shia Muslim-
dominated Kargil), Muslims constitute about 46.4% of the population, the
remaining being Buddhists (39.7%) and Hindus (12.1%).
4. HISTORICAL BACKGROUND
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The past of Jammu and was also relied upon the geography of these regions,
J&K came under the rule of emperor Akbar after the Afghan occupancy ended
in 1756 and after Mughals, it came under the direct control of Sikh empire from
1819 and from 16th of March 1846, Jammu and Kashmir became a different
political and geographical entity with the establishment of treaty of Amritsar
between Sikh and British, The British under this treaty sold Kashmir to the Raja
of Jammu for 75 lakh rupees. After this treaty, the Kashmir was united with the
Jammu province and the Single entity known as “Jammu and Kashmir”
originated. From this treaty till Indian Independence, Jammu and Kashmir was
rules by the Dogra dynasty. The excavations near the city center of Jammu also
tell us about Jammu being a part of Harrapan civilization to know more about
the past history of Jammu and Kashmir, we need to start from the Dev Dynasty.
It can also be called the forgotten dynasty of Jammu and Kashmir which ruled
Jammu for 984 years from 840CE to 1816CE.”4
A) Dynasties
Utpala Dynasty (855 – 939 AD)
Gupta Dynasty (948 – 1003 AD)
Lohara Dynasty (1003 – 1171)
Deva Dynasty (1171 – 1339)
Shah Mir Dynasty (1339 – 1555)
Chak Dynasty: (1555 – 1586)
Mughal Rule in Kashmir (History) (1587 – 1752)
Afghan Rule in Kashmir (1752 – 1819)
Sikh Rule in Kashmir (1819 – 1846)
Dogra Dynasty:
Gulab Singh (1846 – 1857)
Ranbir Singh (1877 – 79)
Pratap Singh (1885 – 1925)
Hari Singh (1925- 1948)
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Muhammad and his followers spread the teachings of Islam throughout the
Arabian Peninsula i.e., Middle East.
Some prominent tribes like Khokhars and Gujjars were also coming into power
in the area of Kashmir during the rise of Suraj Dev in Jammu & Kashmir. This
Dynasty remained under the power of other kingdoms most of the time but in
1816, it was annexed by Sikh empire of Lahore under Maharaja Ranjit Singh
and Dev dynasty came to an end. It is still the most mysterious dynasty that has
ruled a large area for a whole 984 years and there are still very few sources to
study about their developments.
Suraj Dev – He was the founder of Dev dynasty and he rules Jammu when
there was a chaos all round and it was very difficult for any small ruler to rule
this territory and the power of the region was in the hands of Balor i.e., modern
day Baddubalor in Jammu Divion. Suraj Dev was a friend of Hindu shahi of
Kabul, Afghanistan and He died while fighting the Muslim invaders, Suraj
Dev’s Wife Neela performed “Sati” after the death of her husband. Suraj dev
was an efficient ruler and a competent administrator who ruled Jammu for 72
years from 840AD – 912AD.
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Suraj Dev’s empire was divided into seven departments and every department
had a head called “Vakeel” and the systemization of work is said to be
introduced by Suraj dev in the area of Jammu.
Bhoj Dev – Bhoj Dev was also very closely related to the Hindu shahi of Kabul.
He ruled this region for about 70 years and he also died while fighting the
Muslim invaders. He fought very bravely against the father of Mahmud of gazni
i.e., Subuktijin.
Avtar Dev – He also supported the hindu shahi, He sent his brother Prahlad to
support jaipal against Mehmud but unfortunately, Both were killed in the fight,
Different historians have their own opinion on the Legacy of Avtar singh.
Jass Dev – Founder of jasrota town, gave a new town to his brother karan dev
whose decedents came to be known as Jasrotia.
Jaskara Dev or Chakar Dev – He was another prominent ruler of Dev dynasty
unlike some of the rulers. He faced the problems with Khokars in the Hilly
regions of Jammu and Kashmir. He invited Mohd. Ghori to fight with the
Khaokars and shifted his loyalty towards Mohdghori.
His wife parmeshwari ended her life in the river ganga, after her death the raja
made a temple known as dhakkiparmeshwari in the bank of Tawi river. The
other rulers had very few records left to be presented in the documentations.
We can say that the dev dynasty was under the protection of Kashmiri rulers, at
that time, Kashmir was under the Lohara dynasty.
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was chosen to become the Raja of Jammu in 1820. Gulab Singh soon won
control of Ladakh and Baltistan for the Sikhs with the aid of his officer Zorawar
Singh.
Gulab Singh - Gulab Singh Jamwal was the first Maharaja of Jammu and
Kashmir, the second-largest princely state under the British Raj, which was
established following the collapse of the Sikh Empire in the First Anglo-Sikh
War. He was also the founder of the Dogra dynasty.
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to the north, similarly sparsely populated Gilgit Agency, was an area of diverse,
mostly Shi'a groups; and to the west, Punch. Muslims were subjected to harsh
tyranny during Hindu rule, including exorbitant taxes, unpaid forced labor, and
discriminatory laws, despite being the majority. Because of the hunger and the
Dogra kings' policies, a large number of Muslims from Kashmir moved from
the Valley to Punjab. A Hindu aristocracy reigned over a sizable, poor Muslim
peasants. The Muslim peasants were chronically in debt to landowners and
moneylenders, lacked education, were unaware of their rights, and did not
organise politically until the 1930s.
The major objective of the national conference party in 1931 led by sheikh
Abdullah was the establishment of democracy in Jammu& Kashmir and
abolishment of monarchy system of Dogras.
The Indian subcontinent was then divided into three sections in 1947: India,
Pakistan, and East Pakistan (modern day Bangladesh). Jinnah developed a
notion known as the "Two Nation Theory" during the partition, according to
which there should be a separate nation for Muslims since they cannot exist in
an India with a Hindu majority. Jinnah had an opinion about Kashmir that, “As
Kashmir is having 77% population of Muslims, Kashmir Should be a part of
Pakistan”. In order to maintain the "Status Quo" for Jammu and Kashmir, the
Maharaja signed a standstill agreement with Pakistan's dominion. This
arrangement allowed for the movement of people and goods between Pakistan
and J&K as well as transportation over the border of Independent Jammu and
Kashmir. Maharaja also want to sign this standstill deal with India, but several
circumstances prevented this from happening.
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Some former British Indian Army troops began a mutiny against the maharaja's
forces. In response, the maharaja's army opened fire on the rebels, killing some
of them instantly. This incident transformed the relatively modest insurrection
in the Poonch region into a significant uprising.
To protest Maharaja Hari Singh's activities in the Poonch region, the populace
assembled, and the uprising there quickly descended into violence.
These two justifications were provided by the Pakistani government, who then
sent tribal Pashtun fighters from the NWFP to invade Jammu and Kashmir on
October 22, 1947. These tribes originated in Pakistan's northwest, which
borders Afghanistan. They received weaponry from the Pakistani government to
attack Jammu and Kashmir.
As it was signed under duress and does not represent the will of the people of
Jammu and Kashmir, Pakistan rejected this instrument of accession. Pakistani
Government officially said that “the will of public is not represented”
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The reader can refer to this map to better understand the positions of India,
Pakistan and Azad Jammu Kashmir.
But Pakistan didn’t withdraw its forces and stalemate continues till now and the
line where the soldiers were situated by Pakistani government came to be
known as Line of control (A De Facto Border) from 1948 between India and
Pakistan.
With About 84471 Square Km in Area, it was the most crucial point between
both India and Pakistan and was much bigger than other princely States as
compared to Hyderabad, Junagadh etc. but the population of Jammu and
Kashmir was less as compared to other parts of the Union.
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For the purpose of integrating Jammu and Kashmir Patel dispatched Guru
Golwalkar, the head of the RSS, to Srinagar in order to persuade the Maharaja
of the futility of an independent Kashmir and to warn him that Pakistan will
never accept his independence and will instigate a revolution. Guruji gave
Maharaja his word that Sardar Patel will take care of Kashmiris. Guruji returned
to Delhi on October 19 and informed Sardar of the developments after Maharaja
indicated his willingness to sign the instrument of accession. The Kashmiri PM
appealed to the British PM on October 15, 1947, about a paucity of supplies and
Pakistani border raids, but the British did little.
The two national personalities in the valley had divergent opinions. Patel has
unfavorable thoughts on Sheikh Abdullah due to his vision and ambitious
attitude, whilst Nehru had an antipathy to him.
The Maharaja informed Patel in a letter dated October 23, 1947 that almost the
whole military of a certain village had either fled or refused to cooperate. Patel
volunteered to assist the Maharaja at the meeting of the Indian cabinet's defence
committee on October 25, but Nehru's response was, "Maharaja must associate
Abdullah without resistance." Mahajan and Abdullah argued for the urgent
necessity for Indian soldiers during a critical meeting on October 26 at Nehru's
home. Mahajan was instructed by Patel to go back to Kashmir and inform the
Maharaja about the arrival of the Indian troops. The Maharaja made a written
appeal for military support on the same day he signed the Instrument of
Accession in Jammu. So, Patel first time visited in Srinagar on 3 rd November
1947, studied the situation and ordered the enemy to be drive out.
Abdullah met Nehru when Ambedkar declined to create Article 370 giving
Kashmir a special status. Nehru ultimately told Ayyangar, another member of
the Drafting Committee, to frame it. All of the constitutional assembly's leaders,
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with the exception of Maulana Azad and Ayyangar, including Ambedkar and
Patel, opposed it. They believed that the restricted application of Central
legislation to J&K would lead to more issues than it would resolve. However,
because of Nehru's naive persistence, nobody steps in.
The son of Maharaja Hari Singh and afterwards Sadar-e-Riyasat of the State,
Dr. Karan Singh, said that "Sardar Patel continued on the contact with my
father, which ultimately led to seamless political transition in J&K," even while
Pandit Nehru was dealing directly with Jammu & Kashmir.
The Patiala and East Punjab States Union Agreement was signed by VP Menon.
Menon also collaborated with Patel in the military campaign against Junagadh
and Hyderabad, two adversarial republics, and provided Nehru and Patel with
advice on their dealings with Pakistan and the Kashmir dispute. Menon had
been sent by the Cabinet in 1947 to secure Kashmir's admission to India.
Menon visited Jammu & Kashmir, one of the states, to obtain its admission. The
Afridi tribesmen's invasion reached Srinagar's outskirts by October 25, 1947,
causing the Maharaja of J&K to flee the capital and move to Jammu.
After securing accession, Menon and his staff at the Ministry of States had to
focus on ensuring comprehensive integration. Regarding the majority of
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princely states, this was a politically uncomplicated issue despite being legally
difficult. Sheikh Abdullah, then the prime minister of J&K, and officials of the
Indian government failed to reach an agreement on the position of J&K inside
India.Thus, it was determined that the status under the 1947 IoA would be
reflected in the Indian Constitution.
Based on this knowledge, the final version of Article 370, which was included
in the Indian Constitution, was created.
Nehru Ji was always in the team for the integration of Jammu and Kashmir and
Leaded the Indian officers for the purpose of integration, It was Pandit Nehru
who with VP Menon and Sardar Patel did all the negotiations with the Princely
States for the Unification of India
Whereas the Indian Independence Act, 1947, provides that as from the fifteenth
day of August, 1947, there shall be set up an independent Dominion known as
INDIA, and that the Government of India Act, 1935 shall with such omissions,
additions, adaptations and modifications as the Governor General may by
order specify, be applicable to the Dominion of India.
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And whereas the Government of India Act, 1935, as so adapted by the Governor
General, provides that an Indian State may accede to the Dominion of India by
an Instrument of Accession executed by the Ruler thereof.
1. I hereby declare that I accede to the Dominion of India with the intent that
the Governor General of India, the Dominion Legislature, the Federal
Court and any other Dominion authority established for the purposes of
the Dominion shall by virtue of this my Instrument of Accession but subject
always to the terms thereof, and for the purposes only of the Dominion,
exercise in relation to the State of Jammu & Kashmir (hereinafter referred
to as "this State") such functions as may be vested in them by or under the
Government of India Act, 1935, as in force in the Dominion of India, on
the 15th day of August 1947, (which Act as so in force is hereafter referred
to as "the Act').
3. I accept the matters specified in the schedule hereto as the matters with
respect to which the Dominion Legislature may make law for this State.
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9. I hereby declare that I execute this Instrument on behalf of this State and
that any reference in this Instrument to me or to the Ruler of the State is to
be construed as including a reference to my heirs and successors.
Given under my hand this 26th day of October, Nineteen Hundred and Forty
Seven.
Hari Singh
Maharajadhiraj of Jammu and Kashmir State.”5
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India had the upper hand over Pakistan when the ceasefire was
declared. Although the two countries fought to a standoff, the conflict is seen as
a strategic and political defeat for Pakistan, as it had neither succeeded in
fomenting insurrection in Kashmir nor had it been able to gain meaningful
support at an international level.
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The act consists of 103 clauses, extends 106 central laws to the UTs, repeals
153 state laws, and abolishes the Jammu and Kashmir Legislative
Council among other things. The introduction of the bill was preceded by a
presidential order which indirectly amended Article 370 of the Indian
constitution and revoked Jammu and Kashmir's special status. The act has also
given powers to the central government to pass a number of executive orders in
relation to both the union territories. These orders have resulted in the
modification or repeal of over 400 state and central laws with respect to the
union territories. The act has been challenged in court through a number of
petitions.
en.wikipedia.org/wiki/The_Jammu_and_Kashmir_Reorganisation_Act,_2019.
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“According to news media, are not able to deal the corona virus due to non-
availability of 4G Internet and lack of significant information available online.
In April - May 2020, Supreme Court of India heard a batch of writ petitions
challenging the ban on 4G internet services. J&K administration opposed the
plea stating that "the right to access the internet is not a fundamental right". On
11 May 2020, Supreme Court disposed of these petitions refusing the request
for restoration of 4G internet services. Court, however, constituted a special
committee composed of senior bureaucrats to look into the issue. The
committee ironically was composed of the bureaucrats having a major hand in
imposing the censorship.”
The follow-up after the constitution of the two Union Territories has been swift.
Simple rules have been formulated for issuing domicile certificates this will
create a much-needed level-playing field for all residents.
The J&K government has also initiated a massive recruitment drive to fill up
10,000 vacancies in the local government; another drive to fill up 25,000 posts
is in the pipeline. Also on the anvil are revised rules to enable the hitherto
disadvantaged groups like Scheduled Tribes, OBCs and economically weaker
sections to get employment.
Other measures which have ensured mainstreaming of the region are the
enforcement of the Right to Information Act, 2005, direct supervision of the
Central Vigilance Commission with regard to anti-corruption cases and the
setting up of the 18th Bench of the Central Administrative Tribunal (CAT) for
the UTs of J&K and Ladakh.
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New Delhi has given top priority to eliminate corruption in Kashmir. The anti-
corruption bureau of India has unearthed several large-scale financial scams in
the last year.
The Jammu and Kashmir administration has made progress in the sphere of
education. According to achievements listed by the Government of India, 50
new colleges are offering a total of 25,000 seats. Seven new medical colleges,
five new nursing colleges and one state cancer institute has been set up in
Kashmir.
Recruitment of Kashmiri youths to the security forces and army has been
opened up and over 5,000 candidates signed up for recruitment in the Indian
Army. More than 50,000 vacancies are being created in government
departments and undertakings.
Benefits of pensions have been extended to 5532 widows while 172 families
were allotted houses under the Prime Minister Awas Yojna. Government is
opening 13 Kendriya Vidyalayas in remote areas of Kashmir. Roads are being
repaired.
It is believed that the terror network has been dealt a severe blow in the last few
months, as its leadership has been taken out in operations.
The domination of the hinterland by security forces has had a crippling effect on
the terrorist tanzeems (organisations) and, resultantly, their ability to undertake
terror incidents was degraded.
Terrorist related incidents declined to 120 from 188 during this period. Between
August and December 2019, as many as 25 terrorists were killed, bringing the
total number for 2019 to 152. This year, until March end, the total number of
terrorists killed was 32, but then came the jump that has taken the total up to
148.
As many as 219 local residents had joined terror groups in 2018, while the
number dropped to 119 in 2019.
The first of these is the rehabilitation of the Kashmiri Pandits, who were
hounded out of the Valley 30 years ago by militants.
4,000 of them have got jobs in the UT and many others are listed for
employment.
Also, over 20,000 refugees from West Pakistan, who were treated as aliens in
their own country and denied all rights, have been given domicile rights and
financial assistance of Rs 5.50 lakh per family.
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iii) Sudden Rise in insurgency pre Act 370 Scrapping Anniversary - The
Kashmir valley has seen a sudden rise in the number of encounters with
terrorists, ahead of the first anniversary of the scrapping of Article 370 on
5 August. The number just goes to show that terrorism continues to be the
main challenge in Jammu and Kashmir, just as it was before the special
status of the state was scrapped.
iv) Official figures show that the terrorist strength in the Kashmir valley is
now below 200.Two spells of lockdown: the first after Jammu and
Kashmir was stripped of its statehood and its special constitutional status
and the second related to COVID-19 have left the erstwhile State in
disarray.
v) With the tourism industry crippled and 4G Internet still not restored,
J&Ks economy has suffered. While terrorism considerably dipped, cross-
border infiltrations have gone up and more locals are being recruited for
terrorist activities.
vi) Internet Speed: The Internet shutdown in the J&K U.T. between August
4, 2019 and March 4, 2020 was the longest in any democracy. Even after
the shutdown ended, only 2G and broadband Internet were restored
vii) Tourism Downfall: Tourism, which forms 8-10% of J&Ks GDP, was in
a shambles after the August 5, 2019 lockdown. Less than 50,000 tourists
visited the U.T. between August and December 2019.
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viii) State of joblessness: The CMIE data show that the unemployment rate
(UR) breached the 20% mark in August 2019 after staying below the
figure for 30 months.
ix) Economy Shock: In the 120 days after August 5, 2019, the 10 districts of
the Kashmir Valley suffered a loss of ₹17,878.18 cr. according to the
Kashmir Chamber of Commerce & Industry. Here is how the figure was
arrived at;
xi) Fatalities Drop: According to the South Asia Terrorism Portal (SATP),
the lockdown and increase in Army presence led to a decrease in
terrorism-related deaths. Yet the fatalities post-lockdown were higher
compared to the low levels seen in 2012.
xiii) The local media in Jammu and Kashmir were one of the first services to
take a hit, the Forums report noted. With all communication suspended
and Section 144 imposed across the state, no newspapers were published
for two months.
xiv) A recent report by the Forum for Human Rights in Jammu and Kashmir
has stated that there were across-the-board violation of human rights and
frequent closures, harassment at barricades and checkpoints, among
various other restrictions of basic freedoms and access to legal aid.
xv) The report noted that there had been an across-the-board violation of
human rights, including the vitiation of protections such as habeas
corpus, prevention of illegal detention and strict restrictions on arrest and
detention of children.
xvi) Mass detentions of politicians and activists, including three former chief
ministers and 144 miners were reported after 4 August. The youngest
detained child is reportedly 9-years-old.
xvii) The authorities in Jammu and Kashmir have halted the investigation in
tens of thousands of cases alleging human rights violation against the
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government and security forces before the region was converted into a
Union Territory (UT) last year August.”
xviii) The government had abolished the Jammu and Kashmir State Human
Rights Commission (SHRC) on 5 th August last year after the central
government abrogated Article 370 in the region.”
29. REFERENCES
Drishti IAS Notes and www.drishtiias.com
https://en.m.wikipedia.org – History of Kashmir
https://jkplanning.gov.in
https://jammu.nic.in
https://census2011.co.in
Articles in Daily English Papers – Daily Excelsior, Early Times
https://mgstrustjammu.com
https://byjus.com
https://jagran.com
https://youtube.com – History Fox, JKSSB, JKPSC, SSC online tutorials
https://jk.gov.in
https://jammuandkashmir.nic.in
The Jammu and Kashmir Re-organization Act., 2019- Wikipedia,
The Gazettee of India – Ministry of Law and Justice -
https://egazette.nic.in
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