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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.

Haris Bilal Malik is working as a Research Associate at Strategic Vision Institute (SVI) Islamabad.

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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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