The Dark Legacy of Abrogating Articles 370 and 35A in IIOJK

Kashmir is one of the most divisive topics in South Asia; it is an area of spectacular beauty and great strategic importance. Since 1947, Kashmir has been a flashpoint, leading to numerous wars between India and Pakistan. The issue is not just a bilateral dispute but a matter of international concern, rooted in legal, historical and humanitarian aspects.

The anniversary of the abrogation of Articles 370 and 35A is approaching on 5 August, thus it is necessary that the significant changes and implications of this infamous move be taken into consideration. The revocation of Jammu and Kashmir’s special status by the Indian government, led by Prime Minister Narendra Modi, on August 5, 2019, marked a dramatic shift in the region’s political and legal environment. As a result, the Indian Illegally Occupied Jammu and Kashmir (IIOJK) was split into Jammu and Kashmir and Ladakh, two Union Territories that are now directly under federal authority.

Aggressive nationalism is reminiscent of historical ethnic cleansing tactics, as is the concerted effort to alter the demographic change of Jammu and Kashmir by permitting non-Kashmiris to purchase land and relocate there, so compromising the region’s status as a Muslim majority. Moreover, the Modi led Indian government also intending to install a BJP chief minister in IIOJK.

Following the abrogation, there were widespread force deployments, a communication blackout and an extended lockdown on the area to deprive the people of IIOJK of their fundamental right of protest and demonstration. There have been numerous reports of human rights abuses, including extrajudicial killings, arbitrary detentions and widespread torture. These actions are aimed at breaking the will of the Kashmiri people and forcing them into submission. The policies of Modi government bear striking resemblances to the ideologies of Nazi Germany.

In addition to that there is a persistent propaganda campaign against Pakistan and its intelligence services, falsely accusing them of supporting cross-border terrorism. However, the struggle for freedom in Kashmir is deeply rooted in the region’s history and culture. This movement is indigenous, driven by the local population’s desire for self-determination and an end to foreign occupation. The resistance is not an external imposition but a genuine reflection of the Kashmiri people’s aspirations. The people of Kashmir have paid a heavy price for their quest for freedom.

In the face of such distress, the persistence and determination of the Kashmiri people display their eternal spirit. India paints a veneer of normalcy to fool international stakeholders, but these changes have left Muslims economically strangled, with their assets being destroyed and their access to resources being curtailed.

India employs intimidation tactics against political leaders, journalists, human rights activists and Kashmiris using draconian law especially the Unlawful Activities Prevention Act (UAPA) to silence the dissents and derived Kashmiris from having genuine leadership, further exacerbating the humanitarian crisis in the region.

Even though the UN has approved several resolutions supporting a referendum to provide the Kashmiri people the right to determine their own future. Nevertheless, even with these resolutions, the planned referendum has never happened due to India’s unwillingness to fulfill these international duties. India uses its economic might to muffle criticism from all across the world. India’s persistent occupation of IIOJK and refusal to comply with UN resolutions constitute blatant violations of international law. This act of unilateralism and disobedience violates international law and undermines the legitimacy of the UN.

The international community’s silence on the Kashmir issue is usually attributed to its geopolitical and economic interests. Major states have prioritized their strategic and economic connections with India over the humanitarian crisis in Kashmir, demonstrating a deep hypocrisy in global politics. Despite the widespread human rights violations, the response from the international community has been disappointing. While there have been occasional statements of concern, there has been a lack of decisive action to hold India accountable for its brutal actions in Kashmir.

Kashmir holds immense geopolitical significance and Pakistan considered it as its “jugular vein”. Kashmir shares deep emotional and cultural bonds with Pakistan. The people of Kashmir have strong familial and cultural ties with Pakistan, further cementing the region’s significance in the hearts and minds of Pakistanis.

It is pertinent to mentions here that India asserts baseless claims over Azad Jammu & Kashmir (AJ&K) and Gilgit Baltistan, coupled with threats of military action. However, it is an open secret that AJ&K enjoys a significant degree of political autonomy. The region has its own government, which operates independently, providing the people with a sense of self-determination and governance that is absent in IIOJK. AJ&K also benefits from financial autonomy, with its own economic policies and development programs. This economic independence has allowed AJ&K to thrive and provide a better standard of living for its residents compared to those in IIOJK.

Indeed, the issue of Kashmir remains one of the most complex and longstanding conflicts in modern history. It is an unfinished agenda of the 1947 partition, marred by legal disputes, human rights violations and political defiance. India’s unilateral abrogation of Articles 370 and 35A in August 2019, lack legal basis and have been widely criticized as demographic apartheid, falling under the category of war crimes due to their severe implications on the local population.

The world’s silence and inaction have only exacerbated the suffering of the Kashmiri people. Will the international community take decisive action to defend the rights of the Jammu and Kashmiri people to justice and peace? I think its past time for human rights activists, international community and other UN organizations to recognize the legitimate aspirations of the Kashmiris and take concrete steps to resolve this issue in accordance with UN resolutions and international law and justice.