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Article 370 Revoked in Jammu & Kashmir rattles some Countries: Should India be Concerned?

Gen. Shashi Asthana

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The peaceful celebration of Eid although at reduced scale, demolishes the propaganda fueled by countries/media houses/politicians, who stand disappointed as they were waiting for violence to break out in Kashmir, post abrogation of Article 370. The historic moment revoking Article 370 in Jammu and Kashmir (J&K), happened on 06 August 2019, when the bill was passed by more than two third majorities in both houses of parliament, through the laid down democratic process in consultation with Sadr-e Riyasat vested in Governor of the erstwhile state. The bill reorganizes the erstwhile state of J&K into two separate Union Territories (UTs), J&K being one and Ladakh being another UT. Prime Minister  Modi has clarified in his address to the nation that once there is peace, statehood will be returned to J&K. Ladakh, however, will remain a UT. This reorganization is purely an internal matter of India; however few countries seemed to be extremely rattled over this development, while most of them chose to treat it as a bilateral/internal matter. While the discomfort of Pakistan and to some extent China was unwarranted, but expected, it was regrettable that some segments of global media chose to carry propaganda stories, based on fake news propagated by interested parties. While India has no reason to be concerned about their desperation, for ill conceived reasons, some of the facts to mitigate some common international misperceptions need to be highlighted.

Facts versus Propaganda

After partition of India and Pakistan in 1947, the state of J&K was an independent state under Maharaja Hari Singh, which was attacked by Pakistani razakars to capture it by force. Maharaja signed the Instrument of Accession to India for the entire state (including Pakistan occupied Kashmir, Gilgit- Baltistan, Shaksgham Valley and Aksai Chin) and Indian Forces were flown in which saved the remaining state of J&K. One of the global daily in its article quoted   “Article 370 had been considered a cornerstone of Kashmir’s inclusion in India during the 1947 partition that separated India and Pakistan following the end of British colonial rule”. The fact is that there was no Article 370 in 1947, as part of Instrument of Accession. It was introduced later, drafted on 05 Mar 1948 and amended on November 15, 1952. The same daily quotes “Parts of Kashmir are controlled by India and Pakistan, both of which claim the strategic region in its entirety”. The instrument of Accession signed on 27 October 1947, does not give any claim to Pakistan. Some global news channels chose to air fake videos of atrocities to people of J&K, in last few days, whereas the reality is that the Kashmir valley has been quite peaceful, after India strengthened the security force level in the terrorist threat prone area, to ensure safety of citizens and not a single bullet was fired. Pakistan & terrorists are rattled because it was done with such a speed that it caught them by surprise and made their efforts to disrupt peace unviable Incident free Eid celebrations, although on low key, are enough to demolish the claim of propaganda oriented fake media coverage indicating heavy violence.   

Why was Article 370 Revoked Now?

Indian resolve to revoke temporary Article 370 and 35a in J&K was a national call, in the national interest and the ruling party was voted with thumping majority (including people of J&K) with this cause in their manifesto. These provisions were made by decision makers in 1952 purely under Indian Constitution. Article 370 was drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.  In last few decades it was seen that these provisions have been hurting India and common people of Jammu and Kashmir since many decades. Kashmiri Pandits, who are natives of Kashmir were forcibly pushed out by a motivated groups, which was the biggest abuse of power, which left India helpless in mitigating their grievances, due to such provisions. They were being misused by few local politicians, separatists, elite businessmen aligned to them, terrorists and their supporters, at the cost of brewing inequality, depriving of legal benefits and welfare related laws for common people, thus proving to be a hindrance in inclusive growth of the country. It was well realized that these provision had not given anything except separatism, corruption and family rule to the erstwhile State, with Pakistan using it as a tool to spread terrorism, which claimed over 42000 innocent lives. It’s abrogation was desired by many governments, but could not be executed due to inadequate political will/ democratic mandate or bogey of grave repercussions thrown up by ruling families of erstwhile state and separatists/terrorists. Revoking of Article 370 and 35a will allow all J&K citizens to vote for J&K Assembly and Panchayat elections, a democratic right denied to many residents in the state. It will restore rights of daughters to parental property, rights of safai karmacharis and their children to government jobs, education and make them eligible for many social benefit schemes of India.

Why is Pakistan Rattled?

Pakistan, despite being an aggressor in 1947, seems rattled with abrogation of Article 370 and 35a in J&K to an extent that it took certain reckless actions. Lowering of diplomatic relations with India, scrapping trade ties, stopping rail communication and blocking few air routes are some examples. The main reason of Pakistan’s frustration is that its terrorists fuelling proxy war in Kashmir will be devoid of political patronage, the separatists will be exposed to central security forces and laws, and its terror industry/infrastructure built in Kashmir over decades will start weakening. Pakistan’s effort of approaching UNSC has no future, as is evident from the factual analysis above.  If they still approach UNSC, then as per United Nations Security Council Resolution 47, adopted on 21 April 1948, there is no case for motion in UNSC, because Pakistan and China will have to be reminded to vacate PoK, Gilgit-Baltistan and Shaksgham as first step of UNSC Resolution47, which may not suit either of them. In any case the President of UNSC made no comments and the secretary General indicated bilateral settlement under Simla Agreement, with an advice to exercise restraints. While Pakistan may keep advertising China’s anticipated help in seeking justice for Pakistan, but there is no legally viable case with Pakistan and China. India is well aware of fake news and propaganda attempts by Pakistan on the issue, glimpses of some of them are visible in this article.  The recent survey reveals that more than 70% of Kashmir has welcomed new administrative arrangement bringing them at par with rest of the country in terms of legal and administrative rights/benefits, denied to them by local governments under the shield of Articles 370 & 35a. In any case being an internal matter of India, no foreign interference will be accepted.

Other International Responses

Pakistan’s efforts to garner support of other nations have not been that successful except China, which has its own interest to protect, in terms of CPEC, which passes through the territory acceded to India by Maharaja of J&K. China reacted to Ladakh being made a UT, indicating that it undermined China’s sovereignty, soon after Home Minister’s statement in the Rajya Sabha. Later China indicated to Pakistan that “It should be properly and peacefully resolved based on the UN Charter, relevant UN Security Council resolutions and bilateral agreement.” MEA had given a befitting reply to China highlighting that India does not interfere in internal affairs of any other country and expects the same from other countries. The same has also been reiterated by Indian Foreign Minister in Beijing, who happens to be there for a bilateral meet.

US State Department spokesperson Morgan Ortagus said there was no change in the country’s policy on Kashmir, and called for restraint. The restraint is applicable to Pakistan establishment as they have threatened Pulwama like episode and DG, ISPR has indicated to adopt every possible measure to assist in freedom struggle of Kashmir (which can well be interpreted as refueling proxy war). Taliban when approached by Pakistan chose to stay away from this issue, as they know the terror game of Pakistan better than others, having been a beneficiary sometimes. 

What Next for India?

Abrogation of Article 370 and 35a was a big leap forward for inclusive growth of India, but the implementation of promised reforms and a positive environment in the valley will still take some time. The first priority will continue to be the safety and security of all Indian citizens in J&K and Ladakh, for which the methodology seems to have been well thought through. India should continue with tight restrictions on potential problem creators and flash spots at least till 15 August, even at the cost of some inconvenience to people and relax it in graduated manner. In democracy, the criticism against restrictions by opposition parties and activists is natural, but if it can save lives of innocent people then it is worth it. To enable the promises of inclusive growth to be implemented, the people of both the newly formed UTs have to come forward to find genuine representation amongst themselves and work towards reaping benefits from newly found freedom from archaic laws. The countrymen have to invest in these regions for mutual prosperity. Regarding Pakistan, all actions taken by them were well anticipated and thought through. Whatever it does to interfere in Kashmir, it is going to harm itself. J&K remains integral part of India and the country is well poised to handle any awkward situation.

The author is a veteran Infantry General with 40 years experience in international fields and UN. A globally acknowledged strategic & military writer/analyst; he is currently the Chief Instructor of USI of India, the oldest Indian Think-tank in India.

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South Asia

Modi-fying Kashmir and Historical Facts

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The Modi government on 5th august 2019 revoked two key constitutional provisions — Article 370 and Article 35A — which gave the state of Jammu and Kashmir distinctive rights. India moved around 50 thousand military personnel into the valley to avoid any backlash, which shows that the Indian government is afraid of the repercussions of an illegal act. But these curfews and emergencies are not new for Kashmiris. Kashmiri’s will continue fighting for their land and will never compromise. Kashmir is an 86,000-square mile disputed region that is divided between India, Pakistan and China.  Kashmir’s independence struggle has a long history.

Historically Kashmiris have not ruled their own land since their last king Yusaf Shah Chak who was defeated by the Mughals in the 16th century. Chak launched guerrilla attacks against the armies of Mughal king Akbar on November 1586, he was certain that “Independence was just a day away”. Since then it’s been 400 years since Kashmir has passed into the hands of Afghans, Sikhs, the British Great Britain and now Indian rulers after partition. Today, the same kind guerrilla attacks continue against Indian occupational forces, although by a renewed insurgency fueled by modern weapons and communications technology.

Thousands of Kashmiri’s are part of the armed freedom struggle against Indian forces. Now in the shape of the Kashmir freedom movement, it is entirely different from what it was during the early years of partition. Now, the use of social media has changed the dynamics of the freedom movement making it extremely challenging for India to curb the voices of Kashmiris in the present era. Though India always blames Pakistan for supporting freedom fighters and stone pelters it has never really applied an introspective approach to what its armed forces are doing.

As Kashmiris continue to reject India and its democracy the Modi government has locked down almost 90 lakh Kashmiris since 5 august. There is a complete media blackout in Kashmir and still India calls itself a democracy. Such Indian actions to erode the basic fabric of the Kashmir freedom movement will only fuel the struggle for independence even more. There are many people inside India which negate this act of oppression by the Modi Government. Modi’s actions are opposite to democratic values which India claims are reason for its unity. 

Several Indian activists have condemned the abrogation of articles 370 and 35 A. Till now 6 petitions have been filed in the Indian supreme court, all of which reflect the pure negation of Mr. Modi’s agenda. Hence, the way India is treating Kashmiris will surely have dire consequences for the state in the future. The country which calls itself the largest democracy is treating Kashmiris worse than animals, a democracy where even cows purportedly enjoy more rights than Kashmiris and Muslims.

In 1947 Kashmiris resisted against Dogra forces and around 2 lakh were killed but the Kashmiris refused to be subdued. After partition on 2 November  1947, Indian Prime Minister Pandit Jawaharlal Nehru had promised a plebiscite in Kashmir saying: “The fate of Jammu and Kashmir is ultimately to be decided by the people. The pledge we have given not only to the people of Kashmir but also to the world. We will not and cannot back out of it.”

But India has still not pulled back its troops since then and has continued to forcefully occupy the region. Pakistan and India have fought a number wars and smaller-scale conflicts in 1948, 1965, 1971 and 1999 due to Kashmir with border skirmishes remaining common even today. India is involved in killing Kashmiris while the world remains in silence. Only a consistent struggle can force India to check its decisions otherwise, India is on its way to change the demography of Kashmir. Modifying the status of Kashmir within the Indian constitution won’t change realities which exist historically. Even today, the whole world acknowledges that Kashmir is an international dispute and not just an internal matter of India. By casting even further light and global attention on this issue through his most recent actions, Mr. Modi has gravely miscalculated the outcome of this move.

Revoking Article 370 A has already stripped Kashmiris of their special rights and now there would be single citizenship for Kashmiris. The Indian flag will be the only flag and article 356 and 360 will be applicable. Minorities will be eligible with a 16 % quota. People from other states will be eligible to buy land in Jammu and Kashmir. Assembly duration of the union territory of Jammu and Kashmir will be for 5 years. All the above developments will further estrange Kashmiris in their own land.

From 1586 till now, the Kashmiris defeated many oppressors and none was able to subdue them. Mr. Modi’s modification of its status will definitely fire back in the coming days as India cannot impose a curfew forever. At least 4,000 people have been detained in Kashmir since August 5 and situation on ground as reported by international media is getting worse than ever. More and more Kashmiri youth will join armed groups and the intensity and number of armed attacks is widely expected surge dramatically. Without a doubt such a dangerous and arrogant decision by the Indian leadership has severely compromised the peace and stability of the entire region.

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South Asia

Kashmir: A Victim of the Influence of Major Powers

Mohamad Zreik

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India-Pakistan relations are constantly tense and India-Pakistan history is full of struggles and rivalries. The problems between the two countries have emerged on the international scene recently when the Indian state decided to abolish autonomy in Jammu and Kashmir and apply full control of the Indian state over the region. The area is known to be the center of a dispute between India and Pakistan over land claims and border demarcation.

The Indo-Pakistan conflict over Kashmir is classified as one of the most dangerous in the world. India and Pakistan are nuclear states. The Kashmir conflict began in 1947 and did not end today, after Kashmir was a former independent region in the Himalayas. Kashmir lies in a strategic area on the Himalayas, bordered by India, Pakistan, China and Afghanistan; it is a region of cultural diversity and contains the most important Eastern religions such as Islam, Buddhism and Hinduism. The region of Kashmir is one of the most beautiful regions of the world and fertile agricultural land with a lot of natural resources, but the political instability and security has ruined the economic situation and the lack of tourists and investors.

Historically, Kashmir has been a Hindu religion, but the connection between Kashmiri people and Afghan families has led to the spread of Islam. Kashmir was ruled by the Mongols from the 16th to the 18th centuries, after which Kashmir returned to be an independent state. However, strong British influence in that period robbed the sovereignty of that country by selling land and people, who are mostly Muslims, to a Hindu warlord, Gulab Singh, for 7.5 million rupees.

This “contract of sale” was quickly legalized in the Amritsar Treaty. Since then Singh has declared himself “Maharaja of Jammu and Kashmir”, and imposed on the local population by force Hindu culture and its religious principles. He burned mosques and overthrew anyone who begged himself to oppose his rule and stand up to Hindu principles. After Maharaja “Gulab Singh” took over the rule of Jammu and Kashmir Maharaja “Hari Singh”, who completed the same path of his predecessor in a land where the number of Muslims at the time 94%.

The severe repression of the people of Jammu and Kashmir in cooperation with the British prompted them to raise their voice in the face of the Maharaja and his allies in 1931. On 25 October 1947, after violent confrontations between the Maharaja and the population, the Kashmiri people won and the Maharaja was expelled. Maharaja sought support from India after Britain stopped supporting him.

The British colonial policy divided the area there on a religious basis. Most of the Muslim lands have been annexed to Pakistan, and the Hindu-majority lands have been annexed to India. In 1947, Indian military forces returned to Kashmir by force against weak Kashmiri resistance and little support from Pakistanis.

At that time, Pakistan began to support the rebels and the separatists from India, which led India to complain to the Security Council accusing Pakistan of supporting the rebels in Kashmir. Pakistan has responded that India is trying to promise Kashmir sovereignty, but it is working to annex Kashmir and bring Maharaja Hari Singh back to power. In 1948, the Security Council sought a mutually satisfactory solution, dividing Kashmir territory, one part called Azad Kashmir or Free Kashmir is supervised by Pakistan, and another part is Jammu and Kashmir and is supervised by India

The never-ending wars between India and Pakistan over the Kashmir issue prompted India in 1974 to conduct six nuclear experiments. This means that India has become a nuclear state and is capable of destroying every enemy, namely Pakistan. This has pushed Pakistan to become a nuclear power by acquiring nuclear weapons. In 1988, India and Pakistan signed a non-aggression pact. Military science suggests that the Asian region is the most dangerous on earth and capable of destroying mankind. India, Pakistan, China, Russia and Iran are nuclear states. Religious conflicts and territorial disputes are accelerating the nuclear war. According to the Pentagon, the next nuclear war between India and Pakistan will claim at least 12 million deaths and more than 7 million wounded from the region.

India, as a big country and a major nuclear power in the Asian region, will not concede to Pakistan in this Kashmir conflict. But India is demanding the entire territory of Kashmir, i.e. Pakistani Kashmir and Chinese Kashmir and this is impossible to achieve, and the conflict is increasing today through the legal measures taken by the Indian state to annex Jammu and Kashmir to the sovereignty of the Indian state and wrest autonomy. Therefore, the solution to this issue remains through diplomacy and negotiations because the weapons, force and many wars in that region did not lead to any positive result.

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South Asia

India’s Constitutional Revocation and Prevalent Security Environment of Kashmir

Haris Bilal Malik

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During Prime Minister Imran Khan’s first ever visit to the US on July 23, 2019, President Trump had offered to mediate the outstanding Kashmir issue between India and Pakistan. This move was greatly appreciated by Pakistan with President Trump publicly stating that Prime Minster Modi had requested him to mediate between the two countries over Kashmir during the sidelines of 2019 G20 Summit held in Osaka in June this year. With President Trump’s offer to mediate at such a crucial time, the issue has once again achieved global significance. Moreover, President Trump’s mediation offers, and India’s recent move constitutionally revoke the special status offered to Kashmir would likely have serious implications within the prevalent security environment throughout the region. 

India has often rejected such offers claiming Kashmir as its internal matter. Taking a step forward, on August 5, 2019 the government of India revoked the special status of the Kashmir region that has been previously granted under Articles 370 and 35(A) of the Indian constitution through a presidential order. Referred to as the Jammu and Kashmir Reorganization Bill that was later approved by parliament despite the opposition’s criticism. Under Article 370 of the Indian Constitution the Kashmir region had been awarded special constitutional rights and a ‘so-called’ autonomous status of decision making. Following the abrogation of Article 370, the Kashmir region would be divided into two ‘Union Territories’ i.e. Jammu and Kashmir and Ladakh governed by the Indian central government.

The timing of this constitutional abrogation might have been influenced by President Trump’s offer of mediation between India and Pakistan that was reiterated by the US President despite India’s rejection. This abrogation was also part of the Bhartiya Janata Party’s (BJP) election manifesto as promised by Prime Minister Modi during the 2019 general election. By fulfilling this electoral promise, Mr. Modi is trying to assert that Kashmir is entirely an internal matter for India and that it would not allow any third country to interfere in the Kashmir issue irrespective of its relations with India.

Based on this notion India is inclined to project this political and constitutional change as its internal matter. By revoking the special status of this disputed region, India also intends to change the demography of Kashmir as much of the current population is Muslim. India has been involved in various tactics to change the demographic structure of Indian Occupied Kashmir (IOK) which includes a steady stream of Hindu migrants relocating and settling in masse from other parts of India in this predominantly Muslim region.

This trend is also evident in the region’s population numbers. In 1947 for instance, the Muslim population of IOK was about 79 per cent. As of 2018 this figure has been reduced to 68 per cent. In this regard the abrogation of Article 35(A) would likely intensify this trend as in the future, non-residents of Kashmir would be able to purchase property in Kashmir and would become permanent residents with a right to vote. 

The security environment of Kashmir has been at stake in recent years due to India’s desire to oppress the freedom movement militarily. During Prime Minister Modi’s first term from 2014-2019 the Kashmiri freedom struggle has seen greater military suppression, especially since 2016 when a prominent freedom fighter Burhan Wani had been brutally assassinated. However, it seems that India has still not succeeded in achieving its desired objectives. After a landslide victory in the 2019 elections and with Mr. Modi once again in office as Prime Minster, the military suppression of the freedom movement in Kashmir has further intensified. Recently, India has deployed an additional 38,000 paramilitary troops in the region to join more than half a million troops and paramilitary forces already present. Along with this increased military presence in Kashmir, India has also been involved in continued aggression across the Line of Control (LoC) as evident by its use of prohibited ‘cluster bombs’ against the civilian population. These could have seriously provoked Pakistan to respond in an offensive way and might have resulted in another February 2019 episode.

At the present, Indian aggression along the LoC poses a major threat to peace in the region. India might believe that it could carry out a limited attack or ‘surgical strike’ against Pakistan which would stay below Pakistan’s nuclear threshold as evident from the February 2019 military engagement and the recent attacks along the LoC. India has repeatedly attempted to dominate the escalation ladder as was shown in the recent escalation instance the recent escalation following the Pulwama attack. Prime Minister Imran Khan has warned about the possibility of a ‘false-flag operation’ in Kashmir carried out by India for which Pakistan might be blamed. Based on such blame India could launch a limited attack or a low intensity conflict across the LoC. Consequently, Pakistan would be left with no choice but to respond in kind to any such aggression by India.

India’s abrogation of Kashmir’s special constitutional status and its military offensive in Kashmir could trigger another politico-military escalation between India and Pakistan within a year. India’s policy to forcefully make Kashmir an integral part of the Indian Union by annexing it through political and military means would serve a very dangerous precedent which would likely pose as a serious detriment towards the peaceful settlement of the Kashmir dispute. This change in the constitutional status of Kashmir would greatly limit the prospects for third-party mediation in the future especially for the United Nations, whose resolutions on Kashmir clearly provide a right of self-determination to decide Kashmir’s future. Unfortunately, the prevalent security environment in Kashmir is dominated by India’s aggressive behavior which ultimately would have long lasting implications for strategic stability throughout the South Asian region.

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