DR MUHAMMAD KHAN
WHILE the world is busy in coping with the crises posed by Covid-19, Indian Government has stepped-up genocide of Kashmiri youth and further consolidation of its occupation in its occupied part of the state of Jammu and Kashmir. Consequent to Indian illegal imposition of Jammu and Kashmir Reorganization Act-2019 on October 31 2019, India has brought drastic changes in the laws, the Constitution Assembly of the IoK made before 1956. As per a new law, ‘Adaptation of State Laws’Order2020, Indian Ministry of Home Affairs (MHA) has brought new changesinthe Jammu and KashmirReorganizationAct-2019. Underthe newlaw; ‘Adaptation of State Laws’ Order-2020, Indian Home Ministry repealed and substituted twenty-five (25) laws out of total one hundred thirty-eight (138) laws of the state of Jammu and Kashmir. The worst amendment has been made in the laws dealing with the State Subject (domicile) of the Indian occupied Jammu and Kashmir. Contrary to the protection provided to state subjects underArticle 35A and Article 370 of Indian constitution, the new law has allowed the non-Kashmiris to get the Kashmiri nationality and domicile. ‘Adaptation of State Laws’Order-2020, define the Domicile holders of the Jammu and Kashmir state as, “who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir or has studied for a period of seven years and appeared in Class 10th /12th examination in an educational institution located in the Union territory of Jammu and Kashmir; or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of Jammu and Kashmir.” Adaptation of State Laws, Order-2020 by Indian Government is the extreme and ultimate step, Indian Government has taken to undo the identity of Kashmiris (the Kashmiriyat) and the statehood of Jammu and Kashmir. It ultimately aims at bringing the demographic changes in the Indian occupied Kashmir; the long-awaited Indian agenda. It is laughable that, any Indian national who had spent fifteen years in Indian occupied Jammu and Kashmir gets the status of Kashmiri nationality as if the Kashmiri domicile is a gift pack, awarded to anyone who has served there as part of their job, business or else the majority of Indian military personnel, who have perpetrated a reign of terror in occupied Kashmir from 1990 to-date. The second category considered for this charity (Kashmiri domicile) are those who have studied in IOK for a period of seven years and appeared in their secondary and higher secondary level schooling located in the state. This class belongs to the children of; bureaucrats, the military personnel and those have their businesses in IOK. This will consist of a huge population of Indian nationals, since bulk of bureaucrats, 100% military men and a vast community of Indian businessmen had their children stayed there for decades. Now these millions of people will get the Kashmiri domiciles and the right to grab the Kashmiri land. What a shamefulAct, the disgraceful Indian Parliament has passed on 01 April 2020. The third types of the Indian nationals who can claim Kashmiri domicile are those who have been registered as a migrant and this decision has to be taken by the Relief and Rehabilitation Commissioner, a position always held by Indian national. For legal community, it is added that State subject laws of Jammu and Kashmir State were framed much before partition of subcontinent into India and Pakistan in 1947. In fact, the lawful provisions for the recognition of the status were enacted by the Maharaja of the state from 1912 and 1932, under strong demand of the Kashmiri masses. ‘The 1927 Hereditary State Subject Order granted to the state subjects the right to government office and the right to land use and ownership, which were not available to non-state subjects.’Same provisions were promised by Nehru and protected throughArticle 370 and laterArticle 35A of Indian Constitution. State subject laws, right to land and non-binding nature of Indian Constitution were even protected in the Instrument ofAccession; let’s suppose there was any such instrument between Maharaja and Indian Government. Article 5 of the so-called Instrument of Accession says; “The terms of this Instrument of Accession shall not be varied by any amendment of the Act or of the Indian independence Act-1947”. Article 6 further clarifies; “Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose.” Article 7 says; “Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangement with the Government of India under any such future constitution.” Furthermore, Kashmir has a history of thousands of years as a state. Whether it existed as an independent state or occupied by any other state(s) or rules, it maintained its statehood throughout its history. Besides, sequel to First Kashmir war (1947-1949), India took the Kashmir case to United Nations, where it was decided through UNCIP Resolutions that, Kashmiris will be given their right of self-determination through free and fair plebiscite under UN. The most criminal and imprudent aspect of Jammu and Kashmir Reorganization Act-2019 and its further amendments are that, Indian Government is making laws for the people and a state which does not belong to it. India had no legal and moral authority to occupy the state in 1947;it had no right to keep it under its subjugation thereafter tilldate. India had illegally downgraded the statehood of Jammu and Kashmir into union territories in 2019. Likewise, India has no legal authority to make laws as who should be the state-subjects and domicile holders of the Jammu and Kashmir state. — The writer is Professor of Politics and IR at International Islamic University, Islamabad.
