ON 5 August 2019, India’s ultranationalist Government of Premier Narendra Modi illegally, unjustifiably and unilaterally changed the Occupied Jammu and Kashmir’s special status by revoking Article 370 and 35-A. This unconstitutional and illegal move–a blatant violation of international law– was categorically rejected by Pakistan and the people of Kashmir living all over the world. Since then, the Kashmir issue has been highlighted more forcefully world over, propelling the international community to unmask India’s scourged face in Kashmir, thereby highlighting how India’s actions under its Hindutva-sponsored policies have repressed the fundamental rights of the Kashmiri people, thus challenging the writ of a rules- based world order.
Kashmir’s fabricated status under the HIndutva project: For years endless, the local Kashmiris living in the illegally Indian Occupied Jammu and Kashmir (IIOJK), had been launching the fear that like an evil Israeli pattern of changing the demographic status in East Jerusalem, New Delhi would orchestrate a demographic plan in the Vale that would fallaciously alter the territory’s Muslim-majority character. And yet, this thesis didn’t move many takers “until August 2019 when the Indian government— led by the Hindu nationalist Bharatiya Janata Party (BJP) of Prime Minister Narendra Modi— revoked the quasi-autonomy of the state accorded to it under Article 370 of the Indian Constitution’’. As a consequential impact, the legislative changes meant that non-locals would now buy land in the territory that was once protected only for the local residents.
What is most pitiable that the Modi Government, not only abrogated Article 370, under which the local legislature could make its own laws except in finance, defence, foreign affairs and communications, but it also revoked Article 35A, which empowered the legislative assembly to define permanent residents and offer them special privileges such as exclusive land rights, Modi also split the three different divisions of the erstwhile state—Jammu, Kashmir and Ladakh—into two union territories. By illegally annexing the state of Jammu and Kashmir into India’s Union territories, Modi has invited multifarious legal and administrative issues, solution of which seems hardly possible.
The post-August 5, 2019 political, social and cultural developments taking place in Kashmir and therein India fairly suggest the truth that ‘’The revoking of Article 370 is just the latest step in the BJP’s grand plan to transform India into an aggressive and unapologetically Hindu-only nation in which no other identity is welcomed’’. That said, New Delhi, with scant regard to the constitutional moorings of international law (UN resolutions) and its own Constitution, has clearly and callously shown to the world about its intention to illegally annex the occupied Kashmir and to extend its unjust control over the hapless people of Kashmir at the cost of what may happen. In this way, the conscience of the international community is under question vis-à-vis the ongoing Indian actions of oppression and bloodshed in IIOJK.
Nonetheless, the complete impunity enjoyed by Indian security forces under draconian laws, India’s fake attempts to demonstrate ‘calm’ and ‘normalcy’ in IIOJK– accompanied by its devious attempt to elicit legitimacy for its illegal annexation led occupation via convening of some G20 meetings/events–intrinsically reflect nothing but a scourged India’s face in IIOJK. Moreover, it unravels the evil designs of the RSS-BJP ‘Hindutva’ project in Kashmir, espousing the goals of ‘Hindu Rashtra’ and ‘Akhand Bharat’, evolving critical implications for peace and security in South Asia.
India’s humanitarian transgressions: Ironically, since 5 August 2019, the Indian occupying forces have been constantly engaged in butchering hundreds and hundreds of Kashmiris while arresting thousands and thousands by lodging unwarranted and concocted cases against the helpless Kashmiris. Besides this, Indian dreaded agencies like National Investigation Agency (NIA) and State Investigation Agency (SIA) have wreaked havoc and confiscated the properties of hundreds of pro-freedom leaders and activists. In addition to that, properties of thousands of Kashmiris were demolished under different excuses by Indian authorities.
Human rights abuses– in Indian held Kashmir, a disputed territory illegally occupied and annexed by India–are an ongoing issue. These abuses range from– mass killings, forced disappearances, torture, rape and sexual abuse– to suppression of freedom of speech and ban on religious gatherings. International human rights law prohibits the arbitrary deprivation of life under any circumstances. The government of India is a party to the International Covenant on Civil and Political Rights (ICCPR).
Yet conversely, the Indian army, Special Task Force, Border Security Force and state-sponsored paramilitary groups including the principal government forces operating in Jammu and Kashmir have systematically violated these fundamental norms of international human rights law. Under international law, India’s state-sponsored militias are state agents and therefore must abide by international human rights and humanitarian law. Ultimately, New Delhi is responsible for their actions.
Kashmir is Pakistan’s lifeline: In spite of various United Nations Security Council (UNSC) resolutions, prescribing a fair and impartial plebiscite under the UN auspices in order to decide the final disposition of the Kashmir dispute, India has not only remained intransigent in its illegal occupation of the IIOJK but has also intensified its atrocities on the beleaguered Kashmiris in a bid to perpetuate its occupation. Pakistan will never compromise on the right of self-determination granted and protected to the people of Kashmir under the UN’s Charter. By all convictions, India’s occupied Kashmir is Pakistan’s lifeline.
5 August has been observed as Youm-e-Istehsal throughout Pakistan, as a reminder of India’s unlawful assault on Jammu and Kashmir 4 years ago. The ISPR press release says that CJCSC, Services Chiefs and Pakistan Armed Forces stand in solidarity with the brave and resilient people of IIOJK in their just struggle for right to self-determination according to UN resolutions. Continuation of inhumane military lockdown, illegal measures to change the demographic structure of the occupied territory and the gross and systematic transgressions of human rights are all manifest violations of international law. Since India’s unlawful occupation led annexation has posed a great security implication for the South Asian region, the international community must make its responsible role to pacify this dispute lingering between India and Pakistan.
—The writer, an independent ‘IR’ researcher-cum-international law analyst based in Pakistan, is member of European Consortium for Political Research Standing Group on IR, Critical Peace & Conflict Studies, also a member of Washington Foreign Law Society and European Society of International Law. He deals with the strategic and nuclear issues.
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