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Jammu & Kashmir: What happens if India repeals Articles 35-A and 370 of its Constitution?

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India’s Union minister Jaitley declared, `Article 35 A [of India’s Constitution] was “surreptitiously” included in the Indian Constitution. It was a “historical blunder” committed by Jawaharlal Nehru”’. His rant stimulated former chief minister `Mehbooba Mufti to warn (March 31, 2019) ` if Article 370, which guarantees special status to J&K, is done away with, the state’s relation with India will be over’.

While addressing party workers in Srinagar, Mehbooba said, `Article 370 is a bridge and the Constitution of India applies to us through it. And when you break that bridge, how come this Mehbooba Mufti, who swears by the constitution of J&K and India, will take oath? Then you will have to redefine the relations between India and Kashmir’.

Article 35A empowers IHK puppet government to `define a class of persons as constituting “permanent residents” of the disputed state and `to allow the government to confer on these persons special rights and privileges with respect to matters of public employment and acquisition of immovable property in the state’. In addition, `it grants immunity to such special rights and privileges legislation from being annulled on the ground that they infringe one or the other of the fundamental constitutional rights’.

Article 35A was included into the Constitution of India in 1954 by a presidential order made under Article 370 of the Constitution of India. The basic principles committee of the J&K Constituent Assembly, which was set up in 1951, presented its report to the Constituent Assembly in February 1954. As a part of the report, an annexure which listed out the provisions of the Constitution of India, besides Articles 1 and 370, that should be made applicable to J&K. This annexure included, among other Articles, Article 35A.

Background

Sheikh Abdullah befooled

Pandit Jawahar Lal Kaul (assumed surname Nehru) befooled Sheikh Abdullah to stab Pakistan in the back. Barkha Dutt recalls (This Unquiet Land, p. 154) `In a 1948 speech to the United Nations, Sheikh Abdullah, the most formidable political leader the state of Jammu and Kashmir had ever seen, made a blistering defence of the accession to India. Sher-e-Kashmir (Lion of Kashmir) roared, :I had thought all along that the world had got rid of Hitlers…but what is happening in my poor country I am convinced that they have transmigrated their souls into Pakistan…I refuse to accept Pakistan as a party in the affairs of Jammu and Kashmir’.

Dutt says, “Sheikh Abdullah [later] began to talk about possibility of independent Kashmir….Soon after he changed his stance he was jailed and dismissed from office and was not able to lead the state for another twenty years’. Dutt analyses that even azadi (freedom) slogan was a ruse to push back `Jammu ko alag karo’ (separate the Jammu) slogan raised by Balraj Madhok’s Bharatiya Jana Singh (precursor to BJP). `The Sheikh’s clash was not just with Nehru, but closer home, with the praja parishad [local political party] of Jammu’.

How India whittled down `special status’?

India through a series of steps whittled down Kashmir’s special status under Article 370 and 35-A of India’s Constitution. Governor replaced sadr-e-riast (head of J&K State) who could conveniently dismiss wazir-e-riast (re-desgnated chief minister).

Indian government dismissed its own ally, Mehbooba Mufti’s government. She outlawed several parities including Jama’at-e-Islami under handy label `separatist’. Kaswhmiri pedestrian and vehicles were ordered not to go anywhere near military convoys. About 800,000 troops were directed to carry on day-and-night searches, pick-up `suspects; and consigns them to military custody incognito. To humiliate Kashmiri leaders, they were called upon to explain their source of income. Even religious leader, Mirwaiz of Kashmir was not spared. He was summoned to New Delhi to explain `are you with India, or without’. To me them fearful of assassinations, they were deprived of security cover.

`Special status’ on judicial anvil

A petition was filed in India’s Supreme Court to do away with so called `special status. While Kashmiri leaders begged for election, their fate of total integration hangs in hands of petition pending with India’s Supreme Court.

OIC’s veiw

Organisation of Islamic Countries expressed ennui at plight of Kashmiris under Indian yoke India. The OIC reminded India that her rhetoric about accession and `integral part’ is a hoax. OIC echoed renowned historian Alastair Lamb’s concerns. He regards the Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent (Kashmir – A disputed legacy 1846-1990).

United Nations’ view of `accession’

Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall the `foreseeable accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and affirmative Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state.

 Under hypnotic spell of Indian propaganda, readers naively accept IHK’s `assembly’ and preceding `instrument of accession’ as fait accompli. No sir, they aren’t. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the sham assembly, the Security Council passed two resolutions to forestall the foreseeable` accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and confirmatory Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state.

`Accession instrument’ is a myth, unregistered with the UN. Alastair Lamb, in his book Incomplete Partition (Chapter VI: The accession Crisis, pp.  149-151) points out that Mountbatten wanted India not to intervene militarily without first getting `instrument of accession’ from maharajah Hari Singh.  Not doing so would amount to `intervening in the internal affairs of what was to all intents and purposes an independent State in the throes of civil conflict’.  But, India did not heed his advice. It marched its troops into Kashmir without maharajah‘s permission _ an act of aggression. Lamb says `timing of the alleged Instrument of Accession undoubtedly affected its legitimacy'(p.172, ibid). She adds `If in fact took place after the Indian intervention, then it could well be argued that it was either done under Indian duress or to regularise an Indian fait accompli’.

He argues that the maharajah was travelling by road to Jammu (a distance of over 350 km). How could he sign the instrument while being on the run for safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947. Actually, it was on October 27, 1947 that the maharajah was informed by MC Mahajan and VP Menon (who had flown into Srinagar) that an Instrument of Accession is being fabricated in New Delhi. Obviously, the maharajah could not have signed the instrument earlier than October 27, 1947. The instrument remains null and void, even if the maharajah had actually signed it. The reason, as pointed out by Alastair is that the `signatures’ were obtained under coercion. Under law, any undertaking secured through coercion or duress is null and void. She points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On October 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place. She questions: “Would the maharajah have signed the Instrument of Accession, had the Indian troops not been on Kashmiri soil?” Isn’t it funny that, in the summer of 1995, the Indian authorities reported the original document as lost or stolen?

Lamb concludes (p. 191, ibid):`According to Wolpert, V. P. Menon returned to Delhi from Srinagar on the morning of 26 October with no signed Instrument of Accession.  Only after the Indian troops had started landing at Srinagar airfield on the morning of 27 October did V. P.   Menon and M. C. Mahajan set out from Delhi from Jammu. The Instrument of Accession, according to Wolpert, was only signed by Maharajah Sir Hari Singh after Indian troops had assumed control of the Jammu and Kashmir State’s summer capital,  Srinagar’.

Historical blunder

The real blunder was not introduction of Article 35A, but accession to India, through a resolution of null-and-void constituent assembly. To forestall the `foreseeable accession’ by the puppet assembly, the Security Council passed two resolutions,  Security Council’s Resolution No 9 of March 30, 1951 and confirmatory Resolution No 122 of March 24, 1957. These resolutions outlawed accession or any other action to change status of the Jammu and Kashmir state. For one thing, even `Accession instrument’ is a myth, unregistered with the UN. Let us put aside above UN resolutions and let India repeal Article 35A. What will happen? This will revert the disputed state back to a quasi-sovereign status, with its own prime minister and president. The state subjects of disputed Kashmir will cease to be citizens of India. Entry of Indian nationals into disputed Kashmir will be obstructed. The goods from India will have to pass through a customs barrier to pay an import duty. And, above all, the Kashmiri people will not be legally obliged to uphold the integrity and sovereignty of India. By swoosh of repeal, India’s nemesis, Pro-freedom parties (so-called separatists) will become mainstream stakeholders.

Legal view

To quote A G Noorani (Dawn August 11, 2019), “Article 35-A is not a mere executive order under Article 370 but is itself a constitutional provision, a compact recorded in both constitutions. No court can ignore this. As the Privy Council held, ‘parliament could as a matter of abstract law’ repeal the statute of Westminster recognising the independence of the dominions. But that is theory and has no relation to realities.”

The threat to Article 35-A poses an existential threat to disputed Kashmir. Curbs on alienation of hereditary occupancy of lands existed in Kashmir since times immemorial.

In 1922, the princely state’s council of ministers imposed curbs on employment of outsiders in administration, as well as “all grants of land for agricultural and house-building purpose and grant of houses and other state property shall be made to state subjects only”. A notification in April 1927 defined them.

The basic principles committee set up by the J&K constituent assembly presented its report on Feb 3, 1954. “All these fundamental rights should be subject to the overriding condition that: (i) no law of [J&K] relating to [J&K] subjects to be hereafter called ‘permanent residents’ and regulating their rights and privileges; and (ii) no law hereafter to be made by the [J&K] legislature defining the permanent residents and conferring on them special rights and privileges in relation to acquisition and holding of property in [J&K] or in the matter of employment under [J&K] and imposing restrictions on citizens other than permanent residents for settling within [J&K] should become void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Part III of Constitution of India.”

On Feb 11, 1954, the report of the drafting committee was presented to the constituent assembly, in which an annexure set out the provisions of the Indian constitution, besides Articles 1 and 370 that should apply to J&K. Obviously; this annexure had been settled with the Indian government. Article 35-A was among them. On Feb 15, Girdhari Lal Dogra moved that a copy of the annexure be sent to the Indian government “for appropriate action”. On May 17, the president’s order under Article 370 followed, inserting, among other provisions, Article 35-A in the constitution.

Article 370 of India’s constitution records a compact between the centre and Kashmir, so does Article 35-A. Articles 370 and 35-A are a symbiotic twin, which was negotiated over May to October 1949. It was agreed between Jawaharlal Nehru and J&K’s delegation headed by Sheikh Abdullah. Nehru recorded it in a note dated July 20, 1952. The terms of the agreement were explained to the Indian parliament (Lok Sabha) and to the J&K constituent assembly.

Article 35-A was added to the constitution of India through the presidential order of 1954 issued by the first president Rajendra Prashad on May 14, 1954 in exercise of the powers conferred by clause (1) of Article 370. Article 35-A empowers the J&K legislature to define permanent residents of the state. The J&K adopted its own constitution on 17th November 1956 and defined the person who could be the permanent resident of the state.

Background to state-subject law

The background of state subject law is as old as the geographical and cultural history of Kashmir exists. The permit system known as “Rahdari” for the exit and entry into the state existed even during medieval and ancient periods of Kashmir. The state subject provisions got the legal shape only when Maharaja Hari Singh in 1927 enacted a law known as state subject or permanent residency law. The dogras were apprehensive that better educated people from east and west Punjab would migrate to Kashmir and dominate government services due to their advancement in education. Major portion of government service posts were occupied by either KPs or dogras in J&K state during dogra  rule. A very negligible percentage of Muslims were given jobs in government. During dogra rule, the British Government used to send their medical teams from England to treat Kashmiri patients. Even they were not allowed to over-stay sis-monthly sojourn.  

Myopic Kashmiris did nothing to stop special-status erosion

Leaders of the mainstream political parties connived at erosion of the terms of accession through amendments to disputed-Kashmir constitution and Article 370

What to do?

The time is ripe for Kashmiris to review Kashmir-India relation. With one voice Kashmiris from all walks of life should annul so-called accession, stay standstill or accede to Pakistan. And then, review relation with Pakistan also in keeping with Pakistan’s-constitution Article: 257. The article states:  `When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State’. It is time the Kashmiris woke up and grab the opportunity to correct their historical blunder.

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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Did India invade Kashmir?

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Friday prayers in Srinagar, Jammu and Kashmir. © John Isaac

Pakistan has decided to observe 27th October as Black Day. This was the day when, according to India’s version, it invaded the disputed Jammu and Kashmir State.  India says that Pakistan had earlier entered a lashkar (irregular forces) into Kashmir on 22nd October. But, it is eerie that India never approached the International Court of Justice, as pointed out by Josef Korbel  (the author of the Danger in Kashmir), or the  United Nations (under Chapter VII of the UN Charter) to get Pakistan declared an aggressor. It approached the UN under Chapter VI of the UN charter (mediation). India’s invasion of Kashmir is based on myths .

Myths

India claims that ‘Maharaja Hari Singh signed the treaty of accession with the Indian Dominion on October 26, 1947’. As such, India was justified in marching invading Srinagar. . As for the ‘accession instrument’ argument, curious readers may refer to Alastair Lamb’s ‘Incomplete Partition, Kashmir – A disputed legacy 1846-1990’, and ‘Birth of a Tragedy’.

On the question of who the ‘aggressor’ was, the factual position is that India marched its troops into Kashmir without Maharajah’s permission – a blatant act of aggression (Alastair Lamb, ‘Incomplete Partition , Chapter VI: The Accession Crisis. Lamb concludes: ‘According to Wolpert, VP Menon returned to Delhi from Srinagar on the morning of October 26 with no signed Instrument of Accession. Only after the Indian troops had started landing at Srinagar airfield on the morning of October 27 did VP Menon and MC Mahajan set out from Delhi from Jammu. The Instrument of Accession, according to Wolpert, was only signed by Maharaja Sir Hari Singh [if signed at all] after Indian troops had assumed control of the Jammu and Kashmir State’s summer capital, Srinagar.

Lamb regards the so-called Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent. He argues that the maharajah was travelling by road to Jammu (a distance of over 350 km). How could he sign the instrument while being on the run for the safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947. Lamb points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On October 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place.

The UN outlawed the ‘accession’; the accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is void. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions, Security Council’s Resolution No 9 of March 30, 1951, and confirmatory Resolution No 122 of March 24, 1957, to forestall the ‘foreseeable accession’. It is eerie to note that the ‘Instrument of Accession’ is not registered with the United Nations. India took the Kashmir issue to the UN in 1948 under article 35 of Chapter VI which outlines the means for a peaceful settlement of disputes on Jammu and Kashmir State, not under Chapter VII dubbing Pakistan as ‘aggressor’. India knew at heart that she herself was an aggressor.

In his books, based on Nehru’s declassified papers, speeches and correspondence, Avtar Singh Bhasin debunked Nehru’s perfidious failure to hold a plebiscite. In Chapter 5 titled Kashmir, India’s Constitution and Nehru’s Vacillation (pages 51-64) of his book India and Pakistan: Neighbours at Odd he makes a startling revelation. Nehru discarded Maharajah’s and Kashmir assembly’s ‘accession’; in a letter dated October 31, 1947, addressed to the disputed state’s prime minister, he shrugged off ‘accession’. He said in the letter, ‘after consideration of the problem, we are inclined to think that it [plebiscite] should be held under United Nations’ auspices’ (p. 28 ibid..). He reiterated in New Delhi on November 3, 1951, that ‘we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar] as we are concerned come in the way of a decision by the Security Council, or the United Nations’(SWJ: Volume 4: page 292, Bhasin p.228). Again, at a press conference on June 11, 1951, he was asked if the proposed the constituent assembly of Kashmir ‘decides in favourof acceding to Pakistan, what will be the position?’ he reiterated, ‘We have made it perfectly clear that the Constituent Assembly of Kashmir was not meant to decide finally any such question, and it is not in the way of any decision which may ultimately flow from the Security Council proceedings’. He re-emphasised his view once again at a press conference in New Delhi on November 3, 1951. He said ‘we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar as] we are concerned come in the way of a decision by the Security Council or the United Nations’. Bhasin points out, ‘at a press conference on July 24, 1952, when asked what the necessity of plebiscite was now that he had got [accession by] the Constituent Assembly, he replied “Maybe theoretically you may be right. But we have given them assurance and we stand by it. Bhasin points out Nehru made a ‘tactical error’, one ‘of committing himself to the UN’.Accession documents are un-registered with the UN.

Concluding remarks

India’s prime minister Modi cartographically annexed the disputed state, spurning the UN resolutions and the Simla Accord. Let India know that a state that flouts international treaties is a rogue state: pacta sunt servanda, treaties are to be observed and are binding on parties. Mushtaqur Rehman elaborated why Kashmir is the most dangerous place in the world (Divided Kashmir: Old Problems, New Opportunities for India, Pakistan and the Kashmiri People, 1996, pp. 162-163).No talks, no mediation. That is an open invitation to war, perhaps a nuclear Armageddon.

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Bangladesh violence exposes veneer of Indo-Bangladesh bonhomie

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image source: Focus Bangla /dhakatribune.com

Protests in Chittagong, Comilla and elsewhere left 10 dead, besides loss of property. The protests were sparked over an allegation of desecration of the Holy Quran in a temple. The Holy  Quran was found resting on the thigh of a Hanuman statue in a Durga Puja pandal near a pond in Comilla called Nanua Dighi. A raft of issues from water disputes to religious tension mask mistrust in the relationship. Let us look at some of them. Broken promises indicate that India looks to its own interest.

CAA/NRC

India’s Citizenship Act and the national Register of Citizenship  does not confer citizenship on the Bengali immigrants at par with non-muslim refugees. In one of his speeches, India’s minister Amit Shah even called Bangladesh immigrants “termites”. The BJP leaders quote from Sheikh Mujibur Rehman’s book to say that Mujib, as an East Pakistani national, wanted to annex Assam into East Pakistan (Bangladesh). Bharatiya Janata Party MLA from Telangana T. Raja Singh Lodh demanded `Illegal Bangladeshi settlers and Rohingya should be shot if they do not return to their countries like gentlemen’. He made the statement in the context of the Supreme Court-monitored exercise to identify genuine Indian nationals living in Assam. A legislator from Goshamahal in Hyderabad, in similar vein, roared in a video message on a social networking site: “If these people, illegal Bangladeshis and Rohingya, don’t go back with ‘sharafat’ (like gentlemen) then there is a need to talk to them in their own language. They should be shot. Only then India will be safe. Such illegal settlers were “shot and driven out” from some other countries.

YS Chowdary of the Telugu Desam Party Said illegal immigrants from Bangladesh had settled in Assam as part of a “conspiracy to destroy India”. It is the responsibility of the government to send them back to Bangladesh, he added.

 “Shoot on sight”

Indian Border Security force has orders to “shoot on sight” if any Bangladeshi citizen living near the  4,096 kilometer (2,545 mile)alluvial/shifting border,   happens to cross over. Regarding border killings, Brad Adams, Executive Director of the Asia Department of Human Right Watch state that, “Routinely shooting poor, unarmed villagers is not how the world’s largest democracy should behave” (Adams, Brad  “India’s shoot-to-kill policy on the Bangladesh border” The Guardian. London). According to a report published by Human rights organisations, around 1,000 Bangladeshi civilians have been killed by Indian Border Security Force (BSF) in a period of 10 years (from 2001 to 2010). The report also states that Indian paramilitary forces routinely threaten, abuse arbitrarily detain and torture local Bangladeshi civilians living along the border and Bangladeshi border guards usually don’t help the Bangladeshi civilians. Odhikar, a Bangladesh-based human right organization, allege that acts of rape and looting have also been perpetrated by BSF at the border areas.

Bangladesh Border Guards hate the BSF so much that a soldier, accompanying his commander for a flag meeting with DG was shot dead.

Onion export banned

India suddenly stopped exporting onions to Bangladesh. While addressing India-Bangladesh Business Forum, in Delhi, Bangladesh PM Sheikh Hasina expressed grief on the onion crisis in her country. She taunted that she asked her cook not to use onions in her food. Hasina said, ‘We are facing crisis on the onion issue. I don’t know why you have banned onion export. Maine cook ko bol diya ab se khana mein pyaaz bandh kardo.” Indian Government had banned export of Onions on September 29 (Times of India ).

India is the biggest supplier of onions to Bangladesh, which buys a yearly average of more than 350,000 tons. India abruptly slapped a ban on onion exports to Bangladesh. Following the export ban, onion prices in Bangladesh jumped by more than 50 per cent, prompting the government to procure supplies from elsewhere.

Vaccine export contract cancelled

India backed out of its agreement (December) with Bangladesh to supply 30 million doses of AstraZeneca vaccine, developed by Oxford University in cooperation with the Pune-based Serum Institute of India. The Institute announced that India had barred Serum from selling doses on the private market until everyone in India had received the vaccine.

Later, Salman F. Rahman, a Cabinet minister and co-founder of the Beximco Group, a Bangladeshi conglomerate, took over the responsibility to distribute three million doses of the AstraZeneca vaccine in Bangladesh.

Concluding remarks

The ruling Awami League itself is mired in charges of corruption and nepotism. Its army chief also is being besmeared. It cracked down hard on its opponents  with the army chief’s help. The persecution of Muslims in India and laws like the citizenship Amendment Act and the National Register of Citizenship turned Bangladesh into a simmering cauldron of resentment.Demand for expelling all Bangladeshis from various Indian states is gaining momentum. The onslaught against Bangladeshi Muslims in India is part of Hindutva (perverted Hindu nationalism) frenzy to harass Muslim community.

Bangladesh is tight-rope balancing China and India. Many cabinet ministers think that Bangladesh’s future lies with stronger rapport with China. During her visit to China, Bangladesh’s Prime Minister discussed a broad spectrum of issues and signed several memorandum of understanding. They cover the power sector, riverine matters including Brahmaputra River, commercial loans and formation of various working groups. Bangladesh has also accepted the Belt and Road Initiative.

Bangladesh has contracted Chinese in a proposed $300 million project downstream of Teesta River.  Turkey also is improving relations with BD.

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Changing complexion of “militancy” in the occupied Kashmir

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Women walking past Indian security forces in Srinagar, summer capital of the Indian state of Jammu and Kashmir. Nimisha Jaiswal/IRIN

Two teachers, Supinder Kaur and Deepak Chand, were shot dead in Srinagar on October7, 2021.The Resistance front owned the killing. The name implies that this organisation like the Jammu and Kashmir Liberation front does not have religious moorings. The front explained that “they were killed because they harassed and warned the parents with dire consequences if the students did not attend the school function on August 15 (India’s Independence Day).

In a tweet, the Inspector general of Kashmir police disclosed that 28 civilians had been killed din the valley during 2021”. Five persons belonged to local Hindu and Sikh communities. . Two persons were non-Hindu labourers (pic.twitter.com/j5R2MVWrT3).

Each killing follows massive crackdowns, cordons and searches, and rounding up of innocent people as suspects mostly members of Jammat-e-Islami now banned, and Hurriyat members.

Who the Resistance Front is?

Very little is known about the Front. The Resistance Front publicly emerged in the aftermath of August 5, 2019, when the Central government stripped Jammu and Kashmir of autonomy under Article 370 and split the state into two Union Territories.  The Article 15-A also was abrogated. This article guaranteed special protections to Kashmiri people defined as “permanent residents” of Jammu and Kashmir.

The Front came into limelight when it owned a grenade attack in October 2019. Eight civilians on Srinagar’s busy Hari Singh High Street were injured in the attack. The Front is shy of social posts. But, it did announce its debut on the chat platform, Telegram.

India attributes the April intense gunfight between with security forces in the Keran sector (Kupwara district) to this Front.  It left five personnel of the army’s elite Special Forces dead.

Another encounter has continued for five days until October 19 in Mendhar sector.  India admits having lost several soldiers, including a junior commissioned officer, in the fight The Indian forces dared not enter into the forest. They were content to use heavy guns from the outside. The Indian forces’ initial impression was that the front uses only pistols and improvised explosives. That has been proved wrong.

 To disguise their ignorance about the Front, the forces say, ‘These acts are committed by newly recruited terrorists or those who are about to join terrorist ranks’.  

IGP Kashmir Vijay Kumar says, ‘A total of 28 civilians have been killed by terrorists in 2021. Out of 28, five persons belong to local Hindu and Sikh communities and two persons are non-local Hindu labourers.’

India shaken

The non local Kashmiri migrants have no faith in police protection. They are returning to their home towns. The remaining persons are being shifted to army camps.

India’s home minister has planned a visit to Srinagar to familiarize himself with the situation. Indian prime minister Modi is being blamed at home and abroad for emergence of the Resistance Front. The critics point out that Kashmiriat had been the crucible of several civilizations. But India’s reign of terror compelled the native Kashmiri to become xenophobic.  

Modi ventilated his ire at rights criticism in his speech before the National Human rights Commission.

He stressed that welfare measures like providing electric connection, alleviating poverty were more important than human rights.

The NHRC is a statutory body that was constituted on October 12, 1993, under the Protection of Human Rights Act. It takes cognisance of human rights violations, conducts enquiries and recommends compensation to victims from public authorities besides other remedial and legal measures against the erring public servants. However its present chairman is believed to be BJP stooge.

Kashmir, a Guantanamo Bay

Even Mehbooba Mufti, a former BJP ally, has been compelled to call Kashmir a Guantanamo Bay prison. She called for lifting ban on Jammu and Kashmir Liberation Front, Jama’at-e-Islami, withdrawal of `sedition’ or `terrorism’ cases against Kashmiri leaders or ordinary folk. Her voice proved to be a voice in the wilderness.  What else could Mehbooba call Kashmir _ `Kashmiris feel that they are literally imprisoned in a cage from which almost all exit routes are barred save one, to India, which is also not without peril. Kashmiris are distrusted and treated poorly in many parts of India, whether as students or as traders’ (A.G. Noorani, Kashmir, a prison, Dawn January 12, 2019). Trade across the Line of Control has been stopped and `terrorism’ charges slapped on some traders. Even the tyrannical Dogras and their British overlords facilitated Kashmir trade with Central Asian and other states. Kashmiri markets used to be flooded with foreign traders and their merchandise _books, shawls, gold tillas, Russian textiles, Kokandi silk, Bukharan rumals (handkerchiefs) and coral.  Trade from British India would flow through Kulu via the Chang Chenmo route to Yarkand, bypassing the maharaja’s customs officials in Leh. In 1870, Maharaja Ranbir Singh signed a special treaty in Sialkot with Viceroy Lord Mayo to accept this route as a ‘free highway’, later known as Treaty Route.  Central Asians intending to perform hajj used to travel through this route to Karachi or Bombay sea-ports to board ships.  To facilitate pilgrims, highway provided rest houses, and supply depots jointly supervised by British and Kashmir officials. Now, even the Kashmir Highway stands closed to civilian traffic during military-convoy movement.. A minor, violating road closure, was brutally crushed by an Indian army vehicle.”

Mehbooba revealed her government was dismissed for expressing ennui at central-government atrocities, not returning dead bodies of `encounter’ victims and burning them, not allowing funeral prayers, demanding talks with Pakistan, registering an FIR against an army officer, resisting change in Kashmir’s special status, and so on (Indian Express dated April 18. 2019). A cursory look at Kashmir press is horrifying _ Sedition cases were slapped on three Aligarh- university Kashmiri students for trying to hold prayers for Hizb militant Wani, Kashmiri students and traders at Wagah border are forced to chant anti-Pakistan slogans and post them to face book. Kashmir students and traders were attacked or looted throughout India. About 700 students, including girls, fled to Valley. Even holders of PM Modi’s merit-based competitive scholarships had to rush back to Valley for safety. Kashmiri journalists in Indian states were roughed up, mercilessly beaten, and told to go back Meghalaya governor officially directed to boycott everything Kashmiri. Some Kashmiris petitioned Supreme Court to intervene. In its order, the Supreme Court directed 10 states and various institutions to take remedial steps, but in vain.

Fake encounters

People have lost trust In India’s claims of success in “encounters”, mostly fake. In July last year, security forces in Kashmir claimed to have killed three “unidentified hardcore terrorists” in a gunfight in Amshipora village of Kashmir’s Shopian district. They had last made phone calls to their families on July 17, 2020, a day before the purported gunfight had taken place.

An army inquiry and a police probe into the encounter established that the three suspected militants killed in Amshipora were shot dead in a fake encounter.

Indian army stages such encounters to earn reward of Rs. 20 lac per encounter. A year has gone by but the captain accused of masterminding and executing the fake Amshipora encounter is still unpunished.  He abducted three labourers from their homes and shot them dead as “terrorists”. Those killed in Shopian in July 2020 were Mohammed Ibrar of Tarkasi village, Imtiyaz Ahmad of Dharsakri village, and Ibrar Ahmad.

Concluding remark

It is obvious that it is not all hunky dory in Kashmir as India claims. The changed dimension of “militancy” is an incurable headache for the Modi’s government.

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Americas11 hours ago

Global Warming And COP26: Issues And Politics

The president’s massive social services and infrastructure package is under consideration by Congress.  The problem is Senator Joe Manchin, a...

International Law13 hours ago

The End of the West in Self-annihilation (Intentionality, Directionality and Outcome)

A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.-Definition of Health,...

New Social Compact15 hours ago

Women in leadership ‘must be the norm’

We can no longer exclude half of humanity from international peace and security matters, the UN chief told the Security...

Energy17 hours ago

Maximizing Nickel as Renewable Energy Resource and Strengthening Diplomacy Role

Authors: Nani Septianie and Ramadhan Dwi Saputra* The development of the times and technology, the use of energy in the...

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