Everything you need to know about Article 370 and Kashmir

Author: Iffa Amir

What is article 370 and its relevance?

Article 370 of the Indian constitution gives the sovereign status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.

If we talk in simple words, Article 370 gives state-specific anatomy. It can claim the ownership of a separate flag, its constitution and also has the liberty to create laws. The defence, international communications and foreign affairs stayed secure with the central government. Hence, Jammu and Kashmir got the scope to develop its rules concerning fundamental rights, property ownership and permanent residency. Article 370, in a way, underpins India’s troubled association with Kashmir.

How has article 370 affected the lives of people in Kashmir?

On Monday, August 5, 2019, India shocked the whole world by putting a strict curfew in the region of Kashmir. Roads were blocked; the movement of people was strictly ceased, all means of communications were shut down, shops, banks and ATM services were forced to be closed and stores providing even the most basic needs, like food and daily utilities, were also shut down. Colleges and schools gates were also closed as the chaos of lockdown was witnessed by the world.

How does life look like in Kashmir?

The Indian army is leaving not a single chance to make life as miserable as it can for the locked-down people of Kashmir.

Businesses and daily life work were already suspended, which was later followed by shutting down of all educational institutes and bank services.

Apart from all this, all communications were abandoned throughout the locality, let it be the telephonic network, landlines, internet service, television service, print media and even post offices. There is no means of communication for any Kashmiri to contact inside or outside the region. Kashmir has become a prison for more than eight million people, while thousands are verbally living in detention centres.

The conduct of the Indian army

No one is now unfamiliar with the attitude of the Indian army in Kashmir. It has failed to maintain the peace; increasing the terror in the area. The army has raised concerns in families whether they could see their loved ones alive the other day? Women are treated as properties where soldiers from the Indian army can get inside the houses without any warrants and humiliate women as per they wish. Men, on the other hand, are picked up from streets and even houses and tortured to an extent.

In August 2019, as many as 13 men were pulled from their beds in the middle of the night and taken to the police station where they were tortured, beaten and threatened without any evidence against them.

This news was covered by the well-known BBC network, whereas in the other coverage, few men were taken by the Indian army and after two hours of humiliation, they were said to have come home with broken arms, legs and major injuries. These people are living their lives in hell and are unable to report the injustices. When questioned by the BBC, the Indian army wrote back, “The allegations are substantiated, the Indian army has not manhandled any civilians as alleged, security forces operate strictly to ensure the security of civilians. The Indian army is a professional organisation that understands and respects human rights.”

We wonder if the Indian army thinks the world is blind and cannot see Kashmir bleeding for the last five months.

What do Indians think about this situation?

Most Indians, especially the Hindu extremists belonging to Bharatiya Jayanta Party (BJP), which is in power in India and holds the government. It finds it fair to implement article 370, as the government strongly believes that Kashmir needs to be a part of India whether Kashmiris agree or not. They consider it a victory to be able to take the control of Kashmir, which was one of the prominent points raised by the Prime Minister of India, Narendra Modi, before elections. However, opposition in India stands against this act. The Indian parties claim it against human rights. Many Indians are protesting in favour of Kashmir’s freedom and against the decision of Article 370, which has taken away the basic rights of the people and poignantly pushed them in their land. A social activist of India, Kavita Krishnan, stated, “We believe that the presidential order on article 370 by the Modi government is basically a constitutional cull, this is an attack on the constitution and this amounts to burn the bridges which connected Kashmir to the rest of India.”

We have perceived how Indian students showed their disappointment over this issue and have taken a step to move out in the streets of India, especially Delhi, to express the distress for disconnected Kashmiris. The fact that most people are unable to contact their families back home has opened eyes for many around the world.

What does Pakistan think about the situation?

Pakistan has always wished the best for Kashmir and its people. It’s an issue, which has always caused heat between India and Pakistan’s ties.

We are well-aware of all sacrifices of people who struggled for the freedom of their land, respect and morality. Pakistan, as a nation, has shown its concern for the oppression and the mistreatment carried during the last 30 years. Prime Minister of Pakistan, Imran Khan, did not hold back his emotions. He tweeted, “Curfew, crackdown and impending genocide of Kashmir is unfolding according to RSS-ideology inspired by Nazi ideology.”

Khan has not left any platform, either national or international, to highlight the issue of Kashmir globally.

While addressing the 74th general assembly’s session debate, Mr Khan yet again brought the attention of the world by warning Modi and the Indian government. He stated, “When a nuclear-armed country fights to the end, it will have consequences far beyond the borders. It will have consequences for the world.”

He added, “That’s not a threat … It’s a fair worry. Where are we headed? I’ve come here because this is a test for the United Nations. You guaranteed the right to the determination of the people of Kashmir. You have a responsibility.”

Apart from the government responses to the Indian government and social awareness debates, Pakistani students are also showing their support for the people of Kashmir by protesting on roads and giving messages to the world via media. Awareness videos have been circulating on social media.

Yet, there is no news from Kashmir. Media groups are strictly banned from the region whereas the zero communication stays constant. No one knows what is happening today in Kashmir. No one knows if they have anything to eat. Whether they are safe or not? No one knows if their beloved ones are living or have died. If dead, where are their bodies? If alive, where are they living? These spine-chilling questions mean nothing more than words for Modi’s government.

It is not only about Kashmir now, but also about basic human rights.

The writer is based in Yiwu, Zhejiang, China

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