The verdict by the Indian Supreme Court on December 11 has caused a stir around the world and brought attention to the Hindutva ideology’s supremacy over justice. Chief Justice DY Chandrachud and a bench that was predominately composed of non-Muslims organized this historic ruling, which affirmed the contentious repeal of Article 370 and stripped Jammu and Kashmir of its special status. This decision has far-reaching effects on the region as well as India’s ostensibly secular basis. Examining the past context of the decisions made by the Indian judiciary raises troubling concerns about justice, impartiality, and alignment with Hindu nationalist ideas. Examples of these cases include the Afzal Guru case, the Babri Masjid problem, and the current Kashmir ruling. A troubling picture is painted by the Supreme Court’s past rulings, which include the demolition of the Babri Masjid and the most recent decision on Article 370. The fact that BJP leader Maya Kodnani was cleared by the courts in the 2002 Gujarat riots case strengthens worries that the courts could be used as tools of Hindutva. The fundamental principles of fairness and equality are called into question by this pattern, particularly when it comes to political personalities who support the current administration.
Enacted in October 1949, Article 370 granted Kashmir autonomy in its internal administration, allowing it to create its laws with the exception of those pertaining to finance, defence, foreign affairs, and communications. A dramatic change in the political landscape of the region was heralded by Prime Minister Narendra Modi’s government’s 2019 decision to repeal Article 370 and divide Kashmir into Jammu & Kashmir and Ladakh. The consequences for Kashmir’s autonomy are further deepened by the Supreme Court’s recent validation of this step.
The Supreme Court’s ruling is contentious because it rejects the unique status that Article 370 grants to Jammu and Kashmir. The court’s declaration of the area as an important part of India following a four-year deliberation period was met with outcry and charges of prejudice. The court’s own remarks that the issue is neither legal nor constitutional but of a nationalist nature are clearly devoid of due legal diligence. It is perceived by many as a surrender to the surging tide of Hindutva extremism led by Prime Minister Narendra Modi.
Widespread uproar was sparked by the 2019 repeal of Article 370 and the split of Kashmir. In a recent ruling, the Supreme Court upheld the BJP government’s decision to declare Article 370 an interim arrangement and the “culmination of the process of integration.” The Supreme Court has ordered local legislative elections in Indian-administered Kashmir by September 30 of next year, even though regional polls have not yet taken place.
The way the world reacts to the Supreme Court’s ruling is crucial, especially as it calls into question the UN Security Council resolutions and the Simla Agreement. The designation of Kashmir as an internal issue calls into doubt the commitment of the international community to upholding democratic principles and human rights. A critical analysis of India’s conduct in Kashmir is warranted due to the apparent violation of international law, which is motivated by the Hindutva ideology. Indian Prime Minister Narendra Modi responded to the recent Supreme Court verdict by praising it and highlighting how it upholds the underlying unity that all Indians hold dear. He applauded the court’s intelligence for strengthening the fundamentals of national unity, which strikes a deep chord with the ideals that the people of India hold dear. However, some who opposed the 2019 ruling and opposed Modi’s government contended that the Constituent Assembly of Indian-administered Kashmir ought to have been the only body with the right to decide on the region’s special status. On the other hand, Omar Abdullah, the Vice President of the Jammu & Kashmir National Conference and a former chief minister, expressed his dissatisfaction while demonstrating his unwavering resolve in the face of hardship.
With the Supreme Court’s approval of Article 370’s repeal, India runs the risk of making Kashmiris an outside minority in their own country. The international community has recognized the region’s contested status since 1947; nonetheless, India is currently attempting to change the actual situation on the ground. The allusion to “Nehruvian blunders” by Home Minister Amit Shah draws attention to past wrongdoings and raises concerns about the future of Kashmir’s identity.
The world has to have a vigorous conversation about justice, equality, and the protection of minority rights as it deals with the fallout from the Supreme Court’s decision on Article 370. International examination is warranted given the way Hindutva ideology is influencing India’s changing legal landscape. If this streak of Hindutva ideology continues, the world may witness the heinous extinction of Muslims from the saffron society of Narendra Modi.
The writer is a freelance contributor and writes on issues concerning national and regional security. She can be reached at: omayaimen333@gmail.com