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The Likely Outcome of Narendra Modi’s Unconstitutional Seizure of Kashmir

Eric Zuesse

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An independent fact-finding mission into the now military-ruled constitutionally autonomous Indian state of Jammu-Kashmir (commonly referred to simply as “Kashmir”) reports that “The whole of Kashmir is, at the moment, a prison, under military control.” That’s not on account of any rebellion which had occurred there (none did); it is instead simply because of an unprovoked blitz unconstitutional invasion, on August 5th, of virtually only Hindu Indian troops, into the now Hindu-totalitarian-run nation of India’s, only majority-Muslim state, so as to conquer that state totally, and thus to now turn India itself into an apartheid-supremacist regime, much like Israel is over Palestine. Kashmir has suddenly been turned into India’s own Palestine. That land was suddenly grabbed and turned into a huge prison for Muslims.

The longer any Constitution is, the more unmanageable and less just the country or other state tends to be, and India unfortunately has one of the world’s two longest Constitutions. Wikipedia says that “The Indian constitution is the world’s longest for a sovereign nation.[b][3][4][5] At its enactment, it had 395 articles in 22 parts and 8 schedules.[16] At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama [that’s the American state of Alabama] – in the world.[34]”

When Narendra Modi suddenly announced on August 5th that the Constitutionally guaranteed autonomy of India’s only majority-Muslim state, Kashmir-Jammu, or “J&K,” is now past history, no longer in effect, the brilliant “Moon of Alabama” blogger immediately headlined — and explained why — “India Will Come To Regret Today’s Annexation Of Jammu And Kashmir”. He provided this historical background:

In July 1949, Sheikh Abdullah and three colleagues joined the Indian Constituent Assembly and negotiated the special status of J&K, leading to the adoption of Article 370. This article limited the Union’s legislative power over Kashmir to the three subjects in the Instrument of Accession. If the Union government wanted to extend other provisions of the Indian Constitution, it would have to issue a Presidential Order under Article 370. The state government would have to give prior concurrence to this order. Moreover, the constituent assembly of J&K would have to accept these provisions and incorporate them in the state’s constitution. Once Kashmir’s constitution was framed, there could be no further extension of the Union’s legislative power to the state. This secured J&K’s autonomy.

Incidentally, this was the reason for listing the provisions of Article 370 as “temporary” in the Indian Constitution: the final contours of the state’s constitutional relationship with the Union were to be determined by the constituent assembly of J&K.

Today Amit Shah, the leader of India’s Upper House, announced the unilateral revocation of Article 370 (and the related Article 35a).

Shah did this by calling Article 370 “temporary” and ignoring that that appellation (“temporary”) had referred only to its being temporary until J&K would officially concur in it, which J&K quickly did. Ever since then, it has been, and remains, permanent (according to the Supreme Court of India ruling on 16 December 2016, reaffirming that same Court’s earlier ruling, on 10 October 1968). Therefore, it is clear that only by means of amending India’s Constitution can J&K’s autonomy be undone.

That anonymous blogger (whom I consider to be one of the world’s greatest investigative journalists) then continued:

It is inevitable that the actions today will lead [to] a new insurgency in J&K and beyond. Even if Pakistan’s Prime Minister Imran Khan does not want to support a new guerilla army in J&K, the military and other nationalist Pakistanis will push to supply it with everything that is needed [in order to support such an army].

So: at least unless and until India’s Constitution is amended, Modi’s grab for Kashmir not only is unConstitutional, but if this military occupation continues, then it is likely to spark a war in Kashmir, which could quickly become a war between Hindu-majority India and Muslim-majority Pakistan, next door to India.

How likely is India’s Constitution to be amended so as to allow this military occupation to continue indefinitely?

Wikipedia says:The procedure [to amend] is detailed in Article 368. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution’s federal nature must also be ratified by a majority of state legislatures.

Whether all of that can be done is highly questionable. So: not only is Modi’s action unConstitutional, but it could remain so — and produce a huge war.

No matter how bad India’s Constitution might be, Modi is far worse, because he is violating it by means of this brutal and entirely unjustifiable military crackdown.

On the same day as the crackdown, Indian Hindus in other parts of the country announced online that they now planned to relocate to Kashmir. The expectation is that the Muslims in Kashmir will be driven out and replaced by Hindus. This is widely believed to be the Indian Government’s plan, and the reason for this crackdown: an ethnic-cleansing of J&K for the benefit of India’s Hindus.

On August 10th, the New York Times detailed how horrific the crackdown is. Headlining “Inside Kashmir, Cut Off From the World: ‘A Living Hell’ of Anger and Fear”, they reported, from the city of Srinagar in Kashmir, that:

A sense of coiled menace hung over the locked-down city and the wider region on Saturday, a day after a huge protest erupted into clashes between Kashmiris and Indian security forces.

Shops were shut. A.T.M.s had run dry. Just about all lines to the outside world — internet, mobile phones, even landlines — remained severed, rendering millions of people incommunicado.

The New York Times gained one of the first inside views by a news organization of life under lockdown in Kashmir and found a population that felt besieged, confused, frightened and furious by the seismic events of this week. …

Tens of thousands of troops from the Indian Army, the Central Reserve Police Force (a paramilitary unit) and the Kashmiri State police have been deployed in just about every corner of the valley. In some villages, even remote ones, a soldier was posted outside the gate of each family’s home. …

Mr. Modi has said the new status will make Kashmir more peaceful and prosperous. In a televised speech on Thursday, which most Kashmiris could not watch because their television service had also been cut, he insisted that turning Kashmir into a federal territory would eliminate corruption, attract investment and move it “forward with new hopes.’’

Narendra Modi had risen to power in India by imposing a 3-day anti-Muslim “pogrom” or “ethnic cleansing” in the state of Gujarat, from 27 February through 1 March of 2002, during which, approximately 150,000 people were driven to refugee camps. So, there is clear reason for India’s 15% Muslim minority to fear the country’s 80% Hindu majority, who, in 2014, elected this bigot, Modi, to lead India. And, now since August 5th, that bigot has an iron grip on India’s only Muslim-majority state, J&K.

The pressure upon Pakistan’s leader, Imran Khan, to respond militarily, against the Modi-led bigots, can only rise, as long as Modi’s unConstitutional aggression, perhaps amounting to an even bigger ethnic cleansing, now against the residents in J&K, continues. A mass-exodus of Muslims from J&K is likely and expected, especially into adjoining Pakistan. As those refugees accumulate there, the pressure on Khan can only rise even further. Already on August 11th, Khan tweeted that “Attempt is to change demography of Kashmir through ethnic cleansing. Question is: Will the world watch & appease as they did Hitler at Munich?” 

As of yet, there is no actual discussion in the now totalitarian Indian media, regarding a Constitutional Amendment, in order to legalize Modi’s August 5th action. His Government’s official position is:

Whatever its legal or historical status, the time has come to amend, if not end Article 370. We must not forget that the continuance of Article 370 is the biggest hurdle to a lasting solution to the Kashmir conundrum. As such, it is the other side of the Pulwama massacre. Strikes across the border are only one way to avenge or redress the latter. But the internal rectification required is the full and complete integration of Jammu and Kashmir with the rest of India. In order to accomplish this, Article 370 must go.

So, they aren’t actually saying that Article 370 “is gone,” but that it “must go.” They are, right at the start, setting up the possibility for an Amendment-resolution, by asserting that “the time has come to amend, if not end Article 370.” They are not actually saying Article 370 has ended. This lacuna is their existing policy’s escape-valve. The regime’s goal is to act as if  Article 370 is already simply gone, until the public overwhelmingly assumes that it has somehow been Constitutionally removed — even though it hasn’t. The regime’s control over its press is sufficient to exclude, for now, any public debate about that central issue — it is a non-issue, currently. It is an issue that’s thus being held in abeyance. 

But, also, the official position asserts that, come what may, Article 370, and 35A both must no longer continue in force; and specific condemnations of the Muslim faith and of Muslim traditions are prominent in this part of the Government’s official position, such as:

abrogation of laws like Article 370 and 35A will be opposed by vested interests. It has taken decades to rid the Muslim daughters of India of the evil and ignominy of tripletalaaq — a pernicious custom whereby a Muslim male could divorce his wife by a simple rendering of the word talaaq, three times, by any means. Here too, the Muslim clergy, all male dominated, termed such a judgement by the apex court as an assault on their faith, conveniently forgetting that Muslim countries such as Pakistan have already enacted such laws decades ago. It is, thus, time for India to move on and not be held hostage to blackmail and threats from religious power brokers.

So: the Hindu regime is now officially damning Islam, and calling Muslim clergy “religious power brokers.” This is blatantly in violation of India’s 471-page Constitution. Here is from the Constitution’s Table of Contents:

PART III 

FUNDAMENTAL RIGHTS 

General 

12. Definition …………………………………………………………………. 6 

13. Laws inconsistent with or in derogation of the fundamental rights. …

Right to Equality 

14. Equality before law ………………………………………………………………….. 6 

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth … 7

Among the reasons for the Constitution’s extraordinary length are its many exceptions, such as, for example, Article 371A, which says that nothing in the Constitution “shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.” 

However, what will happen if the Government’s promise that its August 5th action will bring ‘peace’ to Kashmir turns out to become too blatantly false in order for that lie to be able to be successfully continued? Perhaps the ‘news’-media will then receive changed instructions, so as to allow a public debate about whether, maybe, there ought  to be a Parliamentary initiative to put forth such an Amendment to the Constitution, for consideration. And, if the Government by then has decided to cancel the August 5th action, that failed initiative would be the best possible excuse for doing this: the failure of the initiative to revise Article 370 would become the excuse for cancelling the August 5th action. And, then, the peace-negotiations, could begin, between the J&K state, and the Indian Government. Modi has not locked that exit-door from his policy; and, if he walks through it, he’ll be able to blame the legislature, for failing to remove Article 370.

Every dictatorship thrives on the continuing inability of the public to examine and analyze reality in the way that a scientist does in the practice of his/her particular profession; and that’s the reason why these intellectual skills, the most basic ones of all — thinking in the way that a scientist does — are not being taught in all of public education, but instead the popular myths are taught to children, and are being reinforced in India and other dictatorships. That makes the public controllable, by the dictators. And so it is, in India today.

As regards the Constitutionality of the measure that the Modi regime is applying so as to impose this theft of control over J&K from J&K’s majority-Muslim residents, that measure is Presidential Order C.O. 272, which was issued on August 5th. The chief blog of India’s Constitutional lawyers, “Indian Constitutional Law and Philosophy”, headlined on August 13th “Guest Post: Article 370: The Constitutional challenge”, and the author, “Nivedhitha K.”, opened that “The Presidential Order C.O. 272 … is the genesis of the subsequent events,” and closed that “the Presidential Order C.O. 272 and all the subsequent activities that have … genesis in the presidential order are unconstitutional.” The logical process between the opening and ending was flawless; and, so, there can be no honest legal question about the unConstitutionality of what Modi has been doing to J&K ever since August 5th — Modi’s traitorism to India’s Constitution, and thus to all Indians. The only real question is instead whether India’s ‘news’-media will start to publicize this important fact. Meanwhile, the Government races forward with its rape of India’s Constitution, in the hope that enough J&K Muslims will evacuate that land so as to enable Hindus ‘democratically’ to impose some sort of apartheid anti-Muslim regime there. It’s simply a race against time, all in clear violation of Indian law, to achieve Hindu control there. Modi seems to be as bold as Hitler was. Fascists everywhere are traitors to their country, and this is now being made manifestly clear in India. No nation where the Constitution is unenforced can be a democracy — not even if the Constitution itself might be thought, by some people, to be, itself, democratic.

Investigative historian Eric Zuesse is the author, most recently, of They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010

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South Asia

Indian Imbalanced Balance

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A serious crisis is looming over journalism in India, which is increasingly vested in the hands of authority. On the one hand, Indian President Pranab Mukherjee asks for “discussion and dissension” for a vibrant democracy. “There should always be room for the argumentative Indian, and not the intolerant Indian. The media must be the watchdog, the mediator between the leaders and the public,” Mukherjee said while paying his regards to Ramnath Goenka – former press baron. On the other hand, Indian media has lost its credibility regionally as well as internationally owing to quality of Indian public discourse. According to criminal lawyer Rebecca Mammen, “The true test of a robust democracy is the independence of its media. Over the past few years our media has become the mouthpiece of the party in power. Coupled with the fact the corporate owners of media houses share close links with the government, the Indian media has tragically lost its voice.”

The mainstream media is vested in the hands of a selected few and refuses to question authorities.         The ‘Reporters Without Borders’ annual Press Freedom Index, which was released on April 20, has ranked India at 142 among 180 countries reflecting poor credibility due to pressures by government. According to the Report, the Indian media is reeling under a Hindu nationalist government, which has time and again tried to gag journalists. Moreover, India’s influential TV news channels function largely as government mouthpieces.A European non-governmental group “EU disinfo lab” had uncovered a network of 265 ‘fake’ news outlets sponsored by an Indian network to influence the European Union (EU) and the United Nations (UN) with content against to Pakistan.

The crisis in the Indian media will have deeper impacts on Indian democracy. With a feeble opposition, weak institutions, and an inadequate media, Indians have no checks and balances. For instance, maligning Pakistan High Commission, Colombo(PAHIC) during a recent Indo-China conflict was an Indiangovernment instructed media strategy to divert public opinion from their failures in North. In other words, media strategy inadvertently defines poor political will of India to stand up to China while feel strong enough to bully the smaller neighbourhood.

The sane voices in Indian media have continuously shrinking space.Having almost 400 news channels, Indian media has failed to highlight serious matters, such as beef ban, human rights violations in Indian Occupied Jammu & Kashmir (IoJK), and numerous discriminations against Indian Dalits. “Over the last few years – especially after Prime Minister Narendra Modi won the general election of 2014 – the Indian mainstream media has allowed itself to be undermined by the transcendent political power that he represents,” said Pamela Philipose, The Wire. “A new note of muscular nationalism has crept into media discourse.  Also conspicuous is the curbing of dissent and the rise of the surveillance state – developments that bode ill for the independence of the Indian media,” says Philipose.

In a similar manner, a political scientist Giles Vernier argues that “a new note of muscular nationalism has crept into media discourse.  Also conspicuous is the curbing of dissent and the rise of the surveillance state – developments that bode ill for the independence of the Indian media.One reason why we don’t see much criticism in the media is that the government, in the person of the Prime Minister, has the ability to completely dominate the media’s agenda, by saturating the public and media sphere with the message, image, and his voice.”

Journalists should be critical of government’s handling of its internal and external matters to keep it on the right track. TV channels will call speakers of their choice, who would heavily lean to one side of discussion and pretend that it is balanced.

In the current atmosphere, with enraptured legislative issues and social perspectives, with populist political leadership, with developing bigotry against minorities and dissenters, the media can and ought to be an encouraging sign for liberal, mainstream and law based thoughts, yet additionally to guarantee that outrageous perspectives does not get into the papers or on TV. Rather, the media in India has become some portion of the issue, either excitedly partaking in preparing of contempt against the helpless, or carrying on in an insincere path by permitting the most exceedingly terrible components a free run of significant reality on their foundation. Whole ages of columnists are growing up with the possibility that they are playing out an important help; they have scarcely any good examples to gaze upward to, since their own managers, who should know better, are either sold out, ideologically dedicated to fanaticism or are indecisive, without firm feelings or just fearful. In any case, Indian reporting is in a profound emergency, all for the sake of ‘balance.’

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South Asia

This is Pakistan

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With an unprecedented progress in politico-socio-economic domains, Pakistan has a new face in the world. It has not only successfully corrected misplaced perceptions about it, but the internal and external circumstances around it have also changed, which has helped shaping Pakistan its renewed look according to changed regional and international environment. The successes at the security front has also led to the economic progress in Pakistan.

In result of Pakistan’s fight against terrorism and anti-extremism operations, it lost tens of thousands of people, including soldiers and civilians. Pakistan’s strong resolve together with sustained military operations against terrorist elements, however, brough back peace and stability in the country. According to Security Report 2019 by Pakistan Institute of Peace Studies (PIPS), “Pakistan witnessed a further decline in the number of terrorist incidents and consequent casualties… terrorist attacks this year decreased by around 13 percent as compared to 2018.” The report clearly depicted a gradual decrease in terrorist attacks and casualties since 2009. In this regard, Pakistan’s National Action Plan (NAP) helped eliminating the menace of terrorism from the country. The improved security situation in the country resulted in the economic dividends in the shape of China Pakistan Economic Corridor (CPEC).

Pakistan is also appreciated for its nuclear material safety. In its annual report, the Nuclear Threat Initiative (NTI) – a leading United States non-proliferation watchdogdivulged that “Pakistan’s improvements in the Security and Control Measures category are significant because strengthened laws and regulations result in durable boosts in Pakistan’s score as well as provide sustainable security benefits.” While appreciating Pakistan’s further improvement in nuclear materials’ safety, Laura Kennedy, a former United States diplomat, tweeted that “one welcome bit of news reported by #NTIindex is that #Pakistan ranked as most improved in security of those countries holding nuclear materials.”

Pakistan’s fight against Corona Virus Disease (COVID-19) is used as a role model by developed countries of the world. The Government of Pakistan (GoP) revealed a PKR 1.13 trillion relief package to help to the powerless and securing industry and other organizations. The concept of ‘Smart Lockdown’ also reaped its dividends and Pakistan has come out from the dangers of this deadly virus.

On the socio-economic front, Pakistan is making progress as well. For instance, the current account deficit has reduced from US$ 20 billion to US$ 3 billion together with a significant decrease in trade and fiscal account deficits. The stalled construction of Diamer-Bhasha dam has also been approved, which will result in additional water supplies for better agricultural production. There has been increase in the rights activism i.e., Transgender Pride March, Aurat March, Climate March, and Student Solidarity March. Women sports stars of Pakistan won international medals and recognitions.For instance, 8-year-old Pakistani Taekwondo star Ayesha Ayaz won a bronze medal for Pakistan at the 7thFujairah Taekwondo Open Championship in United Arab Emirates (UAE); Hajra Khan won 3 Guinness World Records; Mahnoor Shahzad won the Annapurna International Badminton Tournament; Nida Dar became the first Pakistani woman to sign a deal with an international cricket league, Sydney Thunder; Shahida Abbasi from Hazara won one of the total two gold medals for Pakistan at the South Asian Games 2019; and Mallak Faisal Zafar won first position in the Basic Novice Girls II category at the 24th International Eiscup Innsbruck 2019. Test cricket also returned to Pakistan.

Culturally, Pakistan is projecting itself more prominently. Pakistani celebrities are mamking it to international fashion weeks – Mushk Kaleem and Alicia Khan walked the ramp for Milan Fashion Week 2019. Pakistani film Laal Kabootar won the Vancouver International South Asian Film Festival for the Best Feature Film Award. ActressMahira Khan was appointed National Goodwill Ambassador for UNHCR, the UN Refugee Agency, strengthening the bond between the people of Pakistan and the international community. Moreover, Mehwish Hayat was appointed ambassador to UK based international humanitarian charity, Penny Appeal.

On the entrepreneurial front, 9 Pakistanis made it to Forbes’ coveted 30 under 30 Asia list: Ahmed Rauf Essa: Founder, Telemart; Karishma Ali, President, Chitral Womens Sports Club; Laila Kasuri, Water Analyst, Global Green Growth Institute; Hanaa Lakhani, Hasan Usmani,Gia Farooqi and MoneebMian, Cofounders, Roshni Rides, Zain Ashraf, Founder, Seed Out; and Zainab Bibi, Founder, Pakistan Society for Green Energy (PSGE).

Regionally, Pakistan’s foreign policy is paying its dividends. Pakistan’s relations among Iran, Afghanistan, Sri-Lanka, Russia, United States and others has improved significantly. Overall, there is many encouraging events happening in and around Pakistan.

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South Asia

Post-Pandemic Politics

Usman Ghani

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Franklin Roosevelt has rightly put it, ‘In politics, nothing happens accidentally. If anything happens, it’s palpable that it planned this way’. Numerous features have been defining pre-pandemic world politics over the years. The current situation shows that pandemic will only reinforce largely five global fault lines that have been characterizing the global environment even in the pre-pandemic phase. Form this we can extrapolate the future course of global politics. 

The first and the obvious feature is the rising multi-polarity with power being diffused vertically and horizontally between countries and within countries because citizens become more impart by accessible cheaper technologies. Therefore, global power especially economic power continues to be redistributed while the state power also continues to be eroded by the greater influence of non-state actors both good and bad. In today’s world, no single power can achieve outcomes on its own. It can only do so in conjunction or with the cooperation of other states. Since the Second World War, this pandemic is the first global crisis in which US leadership has been absent.

Secondly, the resurgence of competition and tensions between the big powers in the global environment have come into sight. US-China confrontation has become the most consequential and geopolitical development, which is going to influence and shape the world in the coming years. It can be seen that an outbreak of trade and tech war during the pre-pandemic will continue in the future. Political tensions are also at a record high. President Donald Trump of the United States has been using hostile rhetoric against China. Because of the severe actions taken by the US, China has reached its limits and started pushing back.

Thirdly, global powers are retreating from multilateralism and a rule-based international system. The renunciation of international agreements and treaties has been witnessed over the months. The irony is that the pandemic demands greater solidarity and cooperation but quite the opposite has happened, where there is an absence of international solidarity and much less collaboration. The USA has renounced a long list of treaties including the Iranian nuclear deal, Paris Agreement on Climate Change, Intermediate Nuclear Force Agreement (INF), and recently the Open Skies agreement. It has also walked out of key multilateral institutions such as the UN Human Rights Council in Geneva and the WHO more recently.

Another feature is the rise of populist leaders who are often described as strongmen. Although it’s debatable how much they deserve the description of strong men. Populist leaders act unilaterally with impunity as well as seek to rewrite the rules of game either in the world or their region depending upon their capability to manage. They are mostly disdainful toward international norms. In South Asia, the grimmest example is Prime Minister Narendra Modi who is taking brutal and illegal actions not only in occupied Kashmir but also within India by pursuing communal politics.

Ultimately, there would be an emergence of anti-globalization sentiment due to multiple factors. The UN will be celebrating its 75th anniversary which is going to be a historic moment while American threatens to leave the World Health Organization (WHO) permanently. In this unenviable situation, the UN has been under great strain because its main agency which deals with the health crisis is under attack due to curtailment of funding by Donald Trump. Furthermore, certain leaders of the west are going to reject the existing trading regimes because they cannot compete anymore. The prevailing situation in those countries demands to remake global supply chains and they intend to reduce their dependence on China. Apart from that, plans are considered to move towards setting up local hubs of manufacture and supply.

In a nutshell, there is going to be a reversal of many aspects of globalization. Protectionism, trade wars, and to some extent travel restrictions will be a new reality. Right-wing populist leaders will use the health crisis to reinforce their policy preference for closed borders, strict immigration laws, and the ban on the free movement of labour that has been seen in recent decades. The future course of the most important bilateral relationship of our century which is between China and the United States will have a huge impact on the global economy as well as on the international order and multilateral institutions. Pandemic has further strained the relationship and resulted in trading accusations and allegations from both sides. Summarily, that has been described as the new cold war by many. The question arises whether these two global powers will arrive at modus vivendi or will there be a standoff. This has become a more enduring feature of the global landscape.

To round off the whole debate, the World is possibly at one of the history’s most unsettled periods in international relations with the atomization of the international system. This is an uncharted territory which the world has not seen before. For Pakistan, there are going to be strategic, political, and economic implications because it seeks to form good relations with both countries. Pakistan ought to understand that in the long run, its strategic future lies with China rather than the US.   

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