India is a home to multicultural population of more than 1 billion. In the previous years, Indian constitution’s democratic and secular statusappeared as a founding stone of Indian polity. However, since 2014, under the leadership of second-time prime minister of India, Mr. Narendra Modi, the constitution of India that ensured the freedom of minorities and the lower castes, has been slayed to rest. The worst example of India’s despotic measure is the revocation of article 370 of its constitution, that protected special status of Kashmir. Article 370 ensured limited autonomy of the state and barred non Kashmiris (article 35A) to settle in the valley. By revocation of these articles, India has forcibly included Kashmir in its territory and paved way for Indians to settle in Kashmir. Indian state knew that this move will result in fierce reaction from Kashmiris, therefore, it imposed indefinite curfew in Kashmir.
The question arises that under what conditions as per the constitution, Indian state is allowed to do so. There are variant opinions on the legal aspect. Some law experts believe that there is no legal incongruity in the revocation of special status of Kashmir. However, experts like A.G Noorani, AkilSibal, and Malavika Prasad term it illegal, as constitutionally, it could only be done with the consent of the democratically elected state’s government. As a matter of fact, no elected state government had been there in Kashmir for over a year.
Earlier, MsMehbooba Mufti, a politician from Jammu and Kashmir Peoples Democratic Party (PDP) formed a coalition government in Jammu and Kashmir with the support of Bharatiya Janata Party(BJP). She resigned from the post as BJP withdrew her support. Ms Mufti was against the hardline muscular policies of Modi’s government in Jammu and Kashmir that deteriorated the security situation. Later, on November 21, 2018 she expressed intention to make government with the National Conference and Congress. In reaction, Modi’s government dissolved the state assembly on the very next day and the governor Mr. Satya Pal Malik took charge in Jammu and Kashmir.
Mr. Satya Pal Malik represented the constituency of Goa and never had any connection with the people of Jammu and Kashmir. The central government revoked the special status of Jammu and Kashmir after having a nod from someone who did not represent people of Jammu and Kashmir. This revocation is against the principles of democracy. Democracy adheres to the will of the majority of the people. Currently, the elected leaders of Jammu and Kashmir are under house arrest. Historically, in the accession document Kashmiri state vowed to join India, provided its special status is protected. By rescinding the special status of Kashmir, the decades long vow has been broken. It’s been more than hundred days since the people of Jammu and Kashmir are locked in the valley.
Article 12 to 35 of Indian constitution renders seven fundamental rights to Indian citizens. They include, right to equality, freedom, against exploitation, freedom to religion, cultural and educational rights, constitutional remedies and right to privacy. In Kashmir, all these rights have been brutally snatched away from Kashmiris
Article 12 to 35 of Indian constitution renders seven fundamental rights to Indian citizens. They include, right to equality, freedom, against exploitation, freedom to religion, cultural and educational rights, constitutional remedies and right to privacy. In Kashmir, all these rights have been brutally snatched away from Kashmiris. In first two months of curfew, some 6000 people are detained by Indian authorities. Some are being released on the condition of signing a bond stating that they will not comment or make statements on the situation of Jammu and Kashmir for a year. Even minors are not safe from detentions.
Blocked roads and communication systems in Kashmir is playing havoc with people’s lives in Kashmir. Many have died because of lack of access to medicines. Since August 5, some 150 Kashmiris have been treated for teargas and pellet gun injuries. First, the government of India decided the fate of 8 million people without their consent and now it is coercing the Kashmiris to accept it. It is like a forced marriage, which is unacceptable on all grounds, be it legal, moral or religious.
The cruel and unconstitutional move of Indian government compelled the international community to condemn it without ambivalence. Angela Merkel, the Prime Minister of Germany called the situation in Kashmir, ‘not sustainable’ which ‘needs to be changed for sure’.US congressmen in congressional hearing on October 24th expressed ‘deep concerns’ on the communication blockades and detentions in Kashmir. Again on 15th November, US congressmen demanded investigation into the ‘current crisis’ in Kashmir. On 25th November, a resolution to oppose use of force in Kashmir is moved by Congress woman RashidaTlaib. The resolution also noted that India’s move is taken without any consultation or consent of Kashmiri people.
Alice Wells, US assistant secretary of state, said that the government of the US is concerned about the ‘manner’ in which the Indian authorities have implemented their decision on Jammu and Kashmir. There are voices of dissent against the revocation of article 370 from within India as well. Counsel General of India in New York, Mr.SandeepChakravorty called it a ‘strategic blunder’. However, condemnation without any action is insignificant. India is shamelessly violating human rights in Kashmir and within India as well. India that touts itself as a world largest democracy, has betrayed its proclaimed identity. It is time, the world takes notice of this sheer betrayal and take concrete steps to end this forced marriage of Kashmir with India, as otherwise an unpleasant separation of Jammu and Kashmir from India is highly predictable.
The writer is working as a research analyst at Institute of Regional Studies, Islamabad