AUGUST 2019 marked a dark turn in India’s history as the Administration of Narendra Modi unilaterally revoked Article 370, an action that shattered seven decades of rights and autonomy granted to Jammu and Kashmir without the consent of its people. This move, a direct assault on the very identity of Kashmiris by the BJP government, stripped away their cultural heritage, legal distinctiveness and the fundamental principles of self-governance. Such a unilateral and undemocratic act not only defied India’s proclaimed democratic values but also inflicted a profound injustice upon a people whose unique identity has been trampled upon in the name of integration.
However, the goals of the Hindu nationalist government seemed to go beyond simple integration. What they are doing points to a nefarious plan to gradually destroy the core of Kashmiri identity. They are trying to undermine the roots of their cultural autonomy and right to self-determination by taking away their distinctive position.
This abrogation’s illegality highlights its nefarious purpose even more. Legal scholar A.G. Noorani clarifies that the Indian Parliament could not unilaterally withdraw Article 370. The Jammu and Kashmir state’s Constituent Assembly’s assent was crucial, and any agreement from the state administration ruled by the Governor or President cannot replace the Assembly’s ultimate permission.
Not only did India’s highest court deal a devastating blow to the Kashmiri people with its verdict to uphold the abrogation of Article 370, but it was also a blow to democracy and international law as a whole. India has jeopardized the stability of the region and its democratic underpinnings by continuing to abstain from Article 370, thereby setting it on a perilous pattern of annexation and oppression.
Moreover, this action is blatantly against international law and the UN resolutions, particularly those that protect the Kashmiri people’s right to self-determination. India has demonstrated its contempt for the global world and its commitment to human rights by denying people this fundamental right, in addition to ignoring international agreements.
The people of Kashmir are already suffering greatly because of this decision. As a result of the abrogation, their liberties have been severely curtailed, with curfews, communication outages, and heightened militarism being regularly enforced. The Kashmiris are deprived of every semblance of an everyday existence due to this reign of terror, which has produced an environment of fear and despair.
The verdict of the Supreme Court also creates an uncertain precedent for the future of India. The court has made room for more federalism and state autonomy erosion by corroding the “Basic Structure Doctrine” and its established norms. This calls into question the future of constitutional protections and erodes the fundamental framework of India’s democratic system. The act’s underlying intent, which is to stifle the voice of the Kashmiri people and force them to adopt a single, homogenized identity, is made evident by its apparent disregard for democratic principles and the law.
One of the most alarming facets of this circumstance is the possible decline of public trust in the judicial system. There are concerns regarding the Supreme Court’s independence and capacity to serve as a check on the executive branch’s power due to its ruling, which was seen to be politically driven. This lack of confidence might have disastrous effects on India’s democracy in the future, further weakening the system of checks and balances and ultimately endangering the fundamental ideas upon which the country was established.
Pakistan must act decisively in response to this development, using diplomatic and legal means. It is imperative to take action to dispute the constitutionality of the abrogation, including by engaging with international organizations to gain support for the Kashmir cause. Pakistan also has to keep up its unwavering support for the Kashmiri people’s right to self-determination and provide them a voice in international affairs.
The international community must also contribute to holding India responsible for its actions. The international community can powerfully convey to India that its actions are unacceptable and that it will not get away with them by voicing concerns about the breaches of human rights occurring in Kashmir and calling for a peaceful conclusion that honours the desires of the Kashmiri people.
The significance of December 11 cannot be understated – it stands as a stark testament to the erosion of democracy and human rights. India’s betrayal of Kashmir on this day must serve as a chilling wake-up call to the world. It paints a dangerous precedent that cannot be allowed to persist. This betrayal is not just about Kashmir; it symbolizes a broader threat to the enduring struggle for democracy and human rights globally. It’s a stark reminder that our vigilance against those who seek to undermine these foundational principles must never waver. Achieving a lasting peace in Kashmir demands unwavering international pressure, unyielding advocacy for the Kashmiri cause and an unrelenting commitment to justice. The events of December 11 serve as a solemn beacon, urging us to stand firm in our pursuit of a world where democracy and human rights prevail, no matter the challenges that confront us.
—The writer is associated with National Defence Univerty, Islamabad.
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views expressed are writer’s own.
