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Abrogation of Article 370 and Indian Plan for Plebiscite in Jammu & Kashmir

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Since 2014 India is being ruled by a Hindu ultra-nationalist party of Bhartiya Jannta Party (BJP) and extremist Narendra Modi has transformed the political and social fabric of the country. The minority groups especially the Muslims and low caste Hindus (Dalits) are victims of Hindutva terrorism. Armed mobs charged with Hindu nationalism frequently attacked on minority groups and batten them to death. The BJP once again secured the sweeping victory in Indian national election of 2019 with a promise to revoke the Article 370 and 35A of the Indian Constitution. The Article 370 came into effect in 1949 giving special status to Jammu and Kashmir for making laws to govern the entity except foreign relations, defense, finance, and communications.

Yet, before taking into consideration the implications of revoking of Article 370 and 35A, it is important to trace the genesis of Kashmir dispute and its special status. The World War II brought an end to Western imperialism around the globe and an era of modern sovereign statehood began. Consequently, Pakistan and India emerged as sovereign states on 14th and 15th August 1947. The partition plan was devised by Lord Louis Mountbatten on 3rd June 1947 dividing Indian subcontinent into two separate sovereign states and giving special right to peripheral autonomous princely states to join either India or Pakistan. The annexation plan was followed by the rule of religious, linguistic, geographic and cultural proximity. The Jammu & Kashmir is a Muslim majority state having geostrategic importance for India and Pakistan. Being a Muslim majority state having close geographic, cultural, religious and economic affinity, it was considered to become part of Pakistan, but Maharaja Harri Singh, a Hindu ruler acceded the territory with New Delhi without paying due attention to wishes of indigenous peoples. The decision was rejected by the local masses and a movement was started for independence and annexation with Pakistan. When the Maharaja used brutal force against liberation forces asking help from New Delhi after signing the Instrument of Accession, Pakistan became the party of this dispute and first Indo-Pak war broke out.

Consequently, the seeds of perpetual enmity sowed in South Asia over the dispute of Jammu & Kashmir, which is still a nuclear threshold putting billions of lives in danger. After losing grounds in Jammu & Kashmir, India brought the issue into the United Nations Security Council for reconciliation, and with the help of UN a cease fire agreement was enforced between two states on 1st January 1949. The UNSC resolution of 21st April 1948, one of the Principal UN resolutions on Kashmir stated that “both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite”. The resolutions of UN affirms that India and Pakistan has accepted the UN role as a mediator and agreed to resolve it through the wishes of peoples of Jammu & Kashmir.  Since then, Pakistan has frequently reiterated its commitment for a free and impartial plebiscite, but India always rejected the notion by claiming Kashmir an integral part of Indian Union.

The article 370 was the basis of Jammu & Kashmir accession to Indian Union which explicitly noted that New Delhi has accepted the provisional accession of Jammu & Kashmir, while the final decision would be taken after a democratic rule of impartial plebiscite. The article came into effect in 1949, exempts Kashmir from Indian Constitution. It allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defense, foreign affairs and communications. It also established a separate constitution and a separate flag and denied property rights in the region to the outsiders.

Now the BJP under ultra nationalist Narendra Modi has made a controversial move and abolished the special status of Jammu & Kashmir through revoking the Article 370. The presidential decree has sparked the widespread anxiety in the state and local inhabitants are of view that Narendra Modi wants to fully integrate the state with Indian Union. The peoples of Jammu & Kashmir bluntly rejected the Indian decision and asked international community to intervene. Pakistan, being a party of dispute has also expressed the grave concerns over Indian act and initiated various measures to reverse the Indian decision. The Prime Minister of AJ&K government and Pakistan stated that we do not accept the unilateral decision taken by government of India and stand by the Peoples of Indian occupied Kashmir.

There are two possible scenarios after abrogation of Article 370. First, to reverse the Indian decision and to save Kashmiri’s.

This objective can be achieved with an effective diplomatic efforts. It is primary responsibility of Pakistan and international community to intervene in the matter and put pressure on India to reverse its decision. The international community need to realize that Kashmir is a disputed territory and a unilateral action of India has changed the status quo, which is largely rejected by the Kashmiri masses. United Nations, being an international body to maintain international peace and security must play its role in this critical time and save Kashmiri’s from persecution. It is indeed a much success that UNSC has discussed the issue in its meeting on 16th August, but it is also alarming that it refused to deliver a joint statement. It is high time for Pakistani diplomacy to convince the P5 members of UNSC (China, Russia, United States, France and UK) about the gravity of Kashmir issue and threat of nuclear war. These members have power to put pressure on India to reverse the decision, otherwise a chance of nuclear war cannot be ruled out in South Asia.

Second scenario is the UN plebiscite in Kashmir after successful demographic transformation in Jammu & Kashmir.

The abrogation of Article 370 exposed that India has made its mind to hold the long awaited plebiscite in the state after ensuring feasible conditions. The presidential order has enabled Indian parliament to make laws for Kashmir and opened the doors for non-state residents to settle and purchase land in Kashmir. The decision is a blue print of Indian government’s plan of large scale demographic change and ethnic cleansing of Muslims. Under the Hindutva doctrine, the Indian government has launched the operation of ethnic cleansing and mass murder of Muslims, which ultimately transform them into minority group. Meanwhile, the BJP government will construct special enclaves for Hindu extremists and help them to settle in the state. The Indian troops will kill thousands of Kashmiri Muslims in the name of law and order maintenance and major leaders of Muslim community will also be target of Indian brutality.

Kashmir is a territorial dispute between Pakistan and India. Pakistan time and again reiterates for free and impartial plebiscite under the UN auspices. Now the Indian government under Prime Minister Modi is also preparing grounds for plebiscite. The abrogation of Article 370 is a one step forward. Once, India settled the winnable majority of Hindus in Kashmir, then it will request the UN to arrange a plebiscite for a permanent solution. Therefore, the Hindu majority voters in the UN plebiscite will provide a legal cover to Indian illegal occupation of Kashmir. Ultimately, India will legalize it occupation and the matter will be solved once for all and there will be no international intervention in the internal matters of India.

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South Asia

‘Six weeks of Indian Disinformation in Kashmir Lockdown’

Ramla Khan

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The Indian curfew in Srinagar, capital to Jammu and Kashmir territory climbs to six weeks. Not only are the roads concealed with military troops but the reality and misery of eight million people remains unexposed plus disinformed to the world. Despite of all international media spelling in unison the perturbed lifestyle of Kashmir, alas New Delhi’s state media still presents a rare tranquil plot of the region. Only state centric news is transmitted with favorable changes and molds. Kashmir crisis is not an Indian debut with disinformation operations instead the Modi dominion is today termed a pro in this regard. The ‘Bharatiya Janata Party (BJP) landslide’ in 2019 electoral is largely credited to his ‘bundle of lies’ which induced the Indian general public to vote on the ideological lines of Rashtriya Swayamsevak Sangh (RSS).As supported by the popular American magazine ‘The Atlantic’- many of India’s misinformation campaigns are developed and run by political parties. Another Washington based institute labels ‘What’s more alarming is that political parties, including Prime Minister Narendra Modi’s BJP, are behind most of these disinformation campaigns’.  The critique and accounts of Pakistani leadership are pronounced as a tool of forged propagandaby Indian press -Zee TV and ‘The Economic Times’.

Repression of truth with oppression

Discrete vistas have appeared between the on aired news from international broadcasting and New Delhi. The normalcy and ease of restrictions has been claimed in Srinagar since August as mentioned by ‘The Economic Times’ – Restrictions eased in J-K; life returning to normal. whereas AI Jazeera – the leading Qatar pay television channel repetitively discusses the torment of stranded people in lockdown. Al Jazeera, identifies back to back ‘ average 20 protests each day’ which explicitly notifies that the curbing termed curfew is alive.

According to DW, a German news network the ‘truth cannot be verified’ as the security forces turn the camera away, ‘the right to speak freely will not simply be restored when the phones start ringing again’ as the newspaper editors in Srinagar complain being dictated what to write and what not to. Under the fascist policies of Narender Modi people are detained from speaking actual situation on media and are facing harassment from Indian troops resting all over the roads since August 5,2019.  The few days back episode of Dr. Omer Salim  is an exemplar who on spot during his interview to a BBC reporter was captured by Indian police. The video clip is a vivid demonstration that how the truth is delayed from reaching world. The doctor had merely requested the government to reopen the communication infrastructure and treatment facilities for chemotherapies and patients who needed urgent dialysis sessions. Another broadcasted report by DW television identifies untreated patients due to closed operation theaters.

The fingers are raised on Indian ideals of democracy by the foreign media. New Delhi can dub the Islamabad news sources as self-fabricated so lets take in the statement of Urmila Matondkar, an Indian actress converted politician: “The question is not only about abrogating Article 370. It was done in inhuman manner,”. IAS Officer Kannan Gopinathan, resigned from his reputed post last month with his utterance on India Today, “I joined civil service with the hope that I can be the voice of those who have been silenced. But here, I lost my own voice.”

Concealed tragedy of Kashmir

The Times of India’ mentions “not a single bullet has been fired” in the state since August 5″. Al Jazeera in its September apprise jots ‘Electric shocks, beatings’: Kashmiris allege abuse by India army. New York Times registers ‘Asrar was known as a smart young boy who stayed away from protests, hedied after security officers hit him in the face with buckshot. As stated by ‘The Guardian’,the 16-year-old, Asrar Ahmed Khanwas fired with a pellet gun on 6 August and due to severe injury deceased in the following month. The news remained uncovered by any prominent channels in New Delhi. According to TRT World, Turkish press network, Lieutenant of Indian army Jeet Singh Dhillon has denied to use any weapon despite of medical verification his conference professed  that a stone was hit to the young teen.

The criterion of justice

Under the present adopted stratagem of New Delhi against the Muslim community in Kashmir, Modi government is highly defamed at various platforms except in India which still nominates it as a hero of nation. The world needs to define its justice criterion with exception of caste creed and color. Unfortunately the ethical code remains absent throughout the globe.

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South Asia

Abrogation of Article 370 and Pakistan’s Pathetic Response

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Pakistan, which is a party to Kashmir dispute could not make significant move after the Indian decision to scrap Article 370. The fragile economy, conventional military asymmetry and limited influence in international community restrict the options for Pakistan to take any strong stance against Indian illegal decision.

A month ago the government of BJP illegally dissolved the special status of Jammu and Kashmir through demolishing the Article 370. The article provides immunity to Jammu and Kashmir from Indian laws except foreign affairs, finance and communications. The decision is profoundly rejected by masses of Jammu and Kashmir and Pakistan. In the mean time the opposition parties in India also expressed strong dissatisfaction against decision and predicted severe repercussions for Indian state. The decision has also been challenged in the Indian Supreme Court and hearing has already been started. Yet, since the 5th August Kashmir is under siege, curfew has been imposed, communication network, medical and health facilities have been blocked. The international human rights organizations and defenders issued a genocide warning and warned India not to commit genocide.

In this critical situation which is developed by India, Pakistan took stance to stand by Kashmir. Pakistan highlighted the violent action which engulfed the rights and lives of Kashmiri people’s. Although Pakistan expressed strong resistance and proclaimed to use all the means to give Kashmiri’s their right, but there is a huge difference in words and deeds. On behest of Pakistan, China called UN Security Council meeting to discuss the issue and Chinese ambassador strongly condemned the Indian action and urged both parties to resolve the dispute through peaceful means. Yet it is important to point out that permanent members of UNSC refused to issue a post meeting joint   statement.

Here it is wise to highlight that the international politics is dominated by the self-interests of dominant powers and weak states have no say in the system. Pakistan could not compete with Indian power in international relations. After scrapping the article, India immediately sought foreign support and Prime Minister Narendra Modi went to different states. Modi visited France, Bahrain and UAE, while Prime Minister of Pakistan Imran Khan only made phone calls to seek support against Indian action. This clearly disclosed the inefficiency of Pakistan to counter the Indian narrative.

Indian economic and investment potential is another factor behind cool response of international powers. India is trading partner of many countries and most prominent among them are USA, UK, UAE, China, European Union and Australia. The US has invested 9 million in India during the 2016 and UK has signed the commercial deals of 9.3 million recently. Australia is benefitted from Indian students and its education export is 2 billion dollars. EU a group of 27 independent states is another major investor and trade partner of India with 2.5 % international shares.

In contemporary international politics, diaspora is a backbone of any nation and same is true for India. It is observed that Indians are residing almost every influential state. More than 3.5 million Indians are working in UAE. During the 2015, Indian share was 16% in expats residing in the US, and Saudi Arabia host 1.9 million Indians. Kuwait having 1 million Indian workers and Oman 777,632 Indians. Europe also host the 1.2 million Indians.

The bilateral trade of India with US, China, EU, Japan, and Australia is impressive. In 2019, bilateral trade of India-China crossed the 100 billion, which expects to grow further. The US is second largest trading partner of India in goods, and the single largest export destination of Indian exporters. The bilateral trade has been grew at 7.59% annually from 68.4 billion in 2008 to 142.1 billion in 2018.

The 8.8 million Pakistanis are residing in western states, 4.7 million are living in EU and 1.2 in U.K. But Pakistan failed to activate its diaspora to promote national interests of the state. The Pakistani leadership never paid serious attention to engage diaspora, which resulted in poor representation of Pakistan in international community. On the other hand, Indian diaspora is much influential and have strong say in policies of US and EU. Their skills and education help them to climb the ladder of success and influence. So, it is high time for Pakistan to devise an effective strategy to lobby the national interests and engage diaspora. The diaspora is considered the defense line as they bridge the gap between their parent and host state. 

Pakistan’s economic structure is fragile with rising debt and prices of commodities. The country is dependent on international monitory institutions to repay its debt which crossed over 100 billion dollars. It is on 150thposition in poverty index among 189 countries according to UN Human Development Indicators. The value of rupee is decreased to lowest level and government is losing its credibility. Pakistan is spending its 20% budget on Army which is higher than education, health and social development allocation. The fragile economy, poor coordination in policy making and influence of military in foreign policy making has reduced the role of other state institutions. Although, current civilian government claims that civilian and military leadership is on same page, but the poor and ill-coordinated response exposed the fault lines. The top hierarchy of civilian and political leadership did not bother itself to convey Pakistani position on Kashmir, except making statements.

If Pakistan really want to influence the international community, then it needs to fix its poor economy, to improve its human and social system, engage diaspora, make effective and inclusive foreign and security policy. The economic, political and military power can guarantee the national interests of the country. So Pakistan work tirelessly on all the fronts to achieve the status of major power.

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Pakistan’s peace-loving gestures are considered its weakness, unfortunately

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Pakistan is a peace-loving nation and a responsible state. The leadership, civil and military. Both are visionary and rational very much. Pakistan was the hub of western tourists in the 1950s, 1960s, and 1970s, due to its natural beauty, friendly and hospitable environment, and affordable living. Economic growth was one of the highest in this part of the world. But suffered a lot since the 1980s, due to the situation in Afghanistan. It was not our war, but unfortunately, we were pushed into this war. As a result, Pakistan offered 80,000 precious lives of Pakistani nationals, an economic loss of estimated up to 250 billion US dollars. In addition to it, extremism, terrorism, trafficking, smuggling, ethnicity, intolerance, gun, and drug culture, etc. were a gift. Due to the war-like situations during the last 4 decades, nations spared all resources, including human resources, financial resources etc on imposed war-front. As a result, industrial agriculture, infrastructure development, education, SW&T, R&D, Innovation, Commercialization, Health Sector, etc all walks of life suffered a lot and as result, today facing the worst economic crisis with over 100 billion foreign debt.

But, after having so many bitter lessons, the nation is even more mature and trained to survive under any circumstances. In fact, has emerged one of the most resilient nation. India staged the drama of “Pulwan” on 14 February this year, and without collecting evidence and investigation, just within hours, blamed Pakistan and threatened Pakistan. Pakistan offered to extend full cooperation in investigation and punish the responsible. But, India, according to pre-plan, attacked Pakistan on the 25th of February and dropped bombs in Balakot a city deep inside Pakistan. The leadership of Pakistan is very much sensible and rational and noticed that India is pushing Pakistan into full-scale war. The visionary leadership in Pakistan realized the consequences of war, especially when, both India and Pakistan, both are nuclear states, possessing enough piles of lethal weapons to destroy each other completely, and its impact on the region as well as global. Formulated a smart strategy to respond on the 27th of February, giving a message to India, that although Pakistan has capabilities and enjoys supremacy over India, it still sticks to “Love-For-Peace” and does not wish to opt for war, successfully averted to escalate to a full-fledged war. Even that, Pakistan released the captured pilot of Indian air force inside Pakistan territory, as a good-will gesture.

India revoked its own constitution on the 5th of August and imposed curfew in Kashmir. It is an act of war and violation of UN charter, Simla Agreement and all norms & practices of civilized world. Siege of Kashmir, complete black-out by suspending Internet, mobile phone services. Cutting all modes of communication, evacuating all foreigners and visitors from Kashmir. Keeping people under house arrest. Occupying forces are killing, arresting, detaining and raping on a mass scale and draconian laws imposed empowered the security forces to shot at a spot on suspicion only, with any judicial process. After 42 days of curfew, people are facing a severe shortage of food, fuel, electricity, medicines, and life is completely at a halt, stand-still status. It is the largest curfew in the known-history of human beings, as around 8 million people are under siege, and Kashmir has been turned into a big jail, people are treated as prisoners. India’s atrocities and brutalities have crossed all records of human rights violations.

UN, Human Rights Organizations, Mainstream Media, International organizations, NGOs, the whole International community have shown deep concerns on Indian atrocities. Protests, agitations, rallies, and demonstrations, all around the world as solidarity with the people of Kashmir have been witnessed. European Parliaments, UNSC, OIC, SCO, and all other international organizations are worried about the deteriorated situation of humanity in Kashmir.

Kashmir is a dispute between China, Pakistan, and India. India has illegally occupied a part of Kashmir known as Indian Occupied Kashmir. But people of Kashmir are spread all over three parts, i.e in Pakistan known as Azad or Free Kashmir and China. Kashmir is one nation and having blood relations in all three parts. They are charged at peak to enter into India Occupied Kashmir and help their brothers and sister in Indian Occupied Kashmir. They wanted to provide them food, medicines and basic necessities of life. The government of Pakistan is trying its best to stop them to march toward Indian Occupied Kashmir, as they are unarmed and simple villagers, they might have the high spirits to rescue the lives of their brothers and sisters in Indian Kashmir but might face firing by Indian Army. I am afraid, the public pressure is growing with passing each day and they might march toward Indian Occupied Kashmir, and Pakistani Security Forces may not be able to stop them, then they might come under the Indian forces firing range. It might complicate the situation. The government of Pakistan is committed to observing restrains and avert any war, with India, but if its civilians are killed, it may create an unexpected situation, difficult to predict the reaction.

On the other hand, Indian military deployment along the line of control and frequent violations of line of control, use of cluster bombs on civilian population inside Pakistan, and war-preparations are alarming. Indian Army Chief announced that The Indian Army is well prepared to Attack Pakistan and just waiting for a signal from its Government in Delhi.

Pakistan is trying its best to observe restrains and showing maximum tolerance and patience. But India considers Pakistan “Love-For-Peace” as its “weakness”, Unfortunate! Very Unfortunate!

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