Altaf Hussain Wani
365 days remain to be one of the darkest periods in Kashmir’s recent history in which Kashmiris witnessed an ugly face of India’s neo- colonialism and its consequences that have manifested on the ground in many striking ways. The year saw the loss of Kashmir’s special status guaranteed to it under article 370 of the Indian constitution and dissolution of the state into two union territories under the so-called Jammu and Kashmir reorganization act 2019. The secretly drafted controversial Bill, rightly censured as an act of colonization, was introduced and finally adopted by the Indian parliament without any prior consultation with main stakeholders i.e. Kashmiris. Not taking into account the constitutional, legal and above all the international aspects of Kashmir dispute, the imperialistic agenda fraught with serious consequences was implemented and executed in an autocratic and authoritarian style by Narendar Modi led fascist regime, which unabashedly portrays India as a democratic state.
Before embarking on its colonial project the Modi government in a brazen violation of the international law subjected the Jammu and Kashmir State and its entire population under severe military lockdown; people were virtually caged in their houses, political leadership of all sorts was either arrested or detained in their own homes, means of communication were cut and a complete media shut-down was enforced in the region. Thousands mostly the youth were arrested, a curfew and internet blackout was imposed, and even several journalists associated with local and international media outlets were detained under the PSA for covering the incidents of violence taking place in the valley.
As far as the abrogation of the article 370 is concerned, India had been remorselessly engaged in eroding this constitutional provision since the day when it was incorporated in the Indian constitution. Over the years successive Indian governments have extended a number of Constitutional Acts and amendments to the state, which have practically rendered the article 370 redundant and ineffective. After the 1954 order, more than 40 subsequent presidential orders have been issued to make various provisions of the Indian Constitution applicable to J&K.
It may be noted that under article 370 the State of Jammu & Kashmir was promised full autonomy over internal matters except for defense, foreign affairs, currency and communication. It allowed the state to have its own constitution, a separate flag and legislature. Under this constitutional arrangement India Parliament had a limited role with regard to Kashmir. The article has undergone many changes over the past several years, which have rendered it toothless but the article 35-A that derived its validity from article 370 had remained unchanged over the years. It is this article that as a matter of fact has served as a stumbling block in the way of India’s settler colonial project to change the demography of the region. Since it protected the state’s distinct demographic character the Indian government led by Modi laid special focus on overcoming this constitutional hurdle to pave a way for settler colonialism in J&K.
The history of Jammu and Kashmir bears testimony to the fact that the special status given to the State under article 370 has been a greatest eyesore for the Vishwa Hindu Parishad, BJP and other Hindu-supremacist groups who believed in the Hiduvata ideology propounded by Vinayak Damodar Savarkar the founding leader of Hindu Mahasabha who constructed and conceptualized the idea of Akhand Bharat (‘Hindu Nation’).
According to renowned Indian author and constitutional expert A. G. Noorani, these groups vehemently opposed the idea of granting any special position to Jammu and Kashmir and demanded full integration of the state in the Indian union. It is this extremist mindset that actually led to the forced integration and bifurcation of the disputed territory soon after the BJP assumed power for the second time in 2019.
The revocation of article 370 and 35-A have stoked fears of demographic and cultural change in Kashmir and the people in the disputed territory are genuinely concerned that they might be turned into a minority in their own homeland. After stripping the territory of its autonomy, a series of new laws including the redefinition of the state’s domicile law, the Media Policy 2020 and now the amendments to the control of building operations act, 1988, and the J&K development act, 1970 speak volumes about Indian government’s mala-fide intentions and its dangerous designs viz-a-viz Kashmir.
Ever since India revoked the special status of Jammu and Kashmir, the people in the valley are in a state of extreme shock and turmoil. Apart from constitutional aggression against Kashmiris, the wanton killings of youth, systematic genocide & policy of land grab, political violence and cultural invasion points to a dangerous pattern of genocide that has been going on in the restive region.
However, cutting across the political divide, Kashmiris have unanimously rejected these anti-Kashmiri moves and termed them as an atrocious attack on the identity as well as the rights of millions of Kashmiris. The illegal move has evoked strong opposition from the mainstream regional parties including Peoples Democratic Party and National Conference and other regional parties whereas the pro-freedom parties, who have been advocating for a peaceful settlement of Kashmir conflict, have voiced their serious reservations on the issue saying that the move was tantamount to changing the disputed nature of Kashmir.
Regardless of the reservations expressed by the political leaders, Kashmir, an internationally recognized dispute awaiting final settlement, has been a center of conflict between the two nuclear neighbours since 1947. Any attempt on the part of the government of India to alter the disputed status of Kashmir issue would have serious political ramifications.
Particularly the attempts to bring material change in the disputed region merits urgent attention of the international community and other stakeholders as any such attempt would not only affect the referendum outcome but would adversely impair the much awaited referendum process to be held in the disputed territory under the auspices of the United Nations.
— (The writer is chairman, Kashmir Institute of International Relations and Vice Chairman Jammu & Kashmir National Front)
