Amid placing thousands of troops in Kashmir, putting prominent Kashmiri politicians under house arrest, suspending internet and phone coverage, banning public gatherings, closing schools, the largest democracy of the world in a rushed unilateral move revoked Article 370 putting an end to the seven decade long special autonomous status of Kashmir. The bold move once again unveiled the brazen misappropriation of the Indian administration which did not only unilaterally decided the fate of Kashmir but also plunged the entire region into an information black hole, barring the local civilians even from discerning what was unfolding lest participate and lend their voice in the whole proceedings
From the course of events, the groundwork for the invasion seems well-planned. Scrapping of the article 370 was not unexpected. The annexation of Kashmir was a part of the BJP manifesto and Modi never concealed his position on biting off the region. He had long set his eye on the erosion of this special status to Kashmir and exercising greater control over the region. Nevertheless, the sudden dramatic rush toward this change in constitution while dispatching military forces to seize control of the region, blocking airspace and television stations, putting prominent leaders under house arrest, imposing lock down curfew and the hastily passing the bill in parliament resembled more like a staged coup than mockery of democracy.
Does the decision hold any legal grounds? Article 370 was the central legal piece and cornerstone of Kashmir’s original accession to India in the very first place. As Mehbooba Mufti argued, its abrogation has not only nullified Kashmir’s accession to India rather has reduced the latter to an occupation force in Jammu and Kashmir. The presidential decree to endorse the decision without the concurrence of an elected legislative Kashmiri Assembly which right now is not in place is entirely unlawful. Further, the unilateral step by the Government of India is a clear contravention of United Nations Security Council (UNSC) resolutions. The plan to bifurcate Kashmir further exhibits the starker display of the decision. The tactical move to disintegrate the region in to Jammu & Kashmir and Laddakh was a calculated attempt at further alienating the valley alongside giving only the former the right to have a legislative assembly where Laddakh would become a union territory to be ruled directly by the center. This splitting up of Kashmir and the dissolution of Article 35A, which prevents people from outside the state buying land in the territory, will collectively have a paradigm shift in the demographic make-up of the region over the years to come.
Using its own legislative measures for easing the integration of the disputed territory, the forceful annexation of Kashmir is an unprecedented act of aggression in the 21st century. The impact of scrapping Article 370 will have far reaching implications. As of now tensions are once again high and the region is on the edge. In case of failure of international mediation, on the same lines of Palestine a series of Kashmir intifadas will keep unfurling and the region will be braced by deepened chaos.
This writer is a Research Officer at Institute of Policy Studies – Islamabad