The Abrogation of Article 370 and 35A in Kashmir: The Role of the UNSC

The abrogation of Article 370 and 35A in Jammu and Kashmir by India has sparked significant political and social changes in the region. This article examines the impact of constitutional amendments, the domestic and international reactions, and the role of the United Nations Security Council (UNSC) in the ongoing Kashmir conflict.

On August 5, 2019, the Indian Government opted to abrogate two articles of Indian Constitution, namely Article 370 and Article 35A, as the conflict over the region of Jammu and Kashmir continued. This decision has not only altered the map of the political affiliations of the region, but also elicited a large amount of international attention; even at the level of UN- Security Council. This article explains the consequences of this abrogation, the part and parcel of the Kashmir Issue, and the international intervention including the UN Security Council.

Article 370: Article 370 which was passed in the year 1949 providing autonomy to Jammu and Kashmir region while functioning in Indian union. This article granted the State a separate constitution and limited the measure of the Indian Government’s control over issues unrelated to defence, foreigners, finance, and postal services. Article 370 was axiomatic to the Instrument of Accession signed in 1947 by the Maharaja of Kashmir, this agreement said that Jammu and Kashmir would accede to India but on condition that it will remain semi-autonomous in is rule.

Article 35-A: Implemented in the year 1954 by a Presidential Order, the Article 35A empowers the legislature of the state to decide who is a ‘Permanent Resident’ of the state and to extend the rights and privileges to them. Article 35-A was made to safeguard the demographic profile of the state, which was a sensitive subject owing to the richness of the socio-political network of the region.

The above-mentioned articles were abrogated by Indian Government on August 5, 2019, which virtually meant the withdrawal of the special status of Jammu and Kashmir. It was accompanied by the bifurcation of the state into two Union Territories: Jammu & Kashmir and Ladakh. Such a decision has been rather sensitive, provoking a wide range of responses, within the United Nations and beyond.

The most significant effect for the region is the realignment of political dynamics in Jammu and Kashmir after the abrogation of these articles. Stripping Kashmir of its special status has resulted in changes in the character and location of administrative machinery while putting the region into the fold of Indian Union, in a more direct manner. This process has been earlier welcomed in the Region but it is also accompanied with certain concerns such as losing its individual distinctiveness and sovereignty.

Also, the abrogation of Article 35A has shifted the equity of ownership and property rights within the Jammmu and Kashmir region. This has led to fear on part of the local people about their demography and land that can be given to those who intend to develop it. Also, the repeal has led to discussions concerning the legal nature of the numerous freedoms and safeguards formally granted to the people of the region. Closely connected with the political transformations, there has been observed a rise in the security measures entailing curfews, restrictions of communication, as well as augmentation of the military forces. This has incited cases of human rights abuses while affecting the social life of the people of the area.

However, the world has not responded in a uniform manner to India’s actions of abrogating the special status. Pakistan, having territorial dispute with India over Jammu and Kashmir, said it was against the move. Pakistan has asked for outside help and has asked the UN to ponder upon this, since the act is against UN resolutions and law. Many countries presented similar views by expressing concern towards the likelihood of heightened insecurity in the region. Some have called for negotiations between India and Pakistan about the problem, others – for respect of the rights of people in India and protection of civilians.

The role of the UNSC can be traced back in times concerning with the conflict of Kashmir, mainly in the form of the resolutions that demand a referendum to ascertain the feelings of the people of Kashmir. But, the position of the UNSC especially since the abrogation has been somewhat limited. No doubt, to date the UNSC has conducted sessions to review the position in the occupied Kashmir that articulate the continued global interest in the matter. Though dialogue has always been a crucial principle, problems have always been dominated by politics and often the foreign policy strategies of nations.

Though, recently there has been growing demands to focus on the Kashmir issue again, the UNSC has not adopted any new resolutions concerning the abrogation of the article 370 & 35A. The Council’s actions have been fairly passive due to requirements that are associated with the permanent membership and the non-interference policy based on the sovereignty of states that belong to this union. The major responsibilities of the UNSC still revolve around a moderative power, that is, trying to mediate conflicts and promote diplomacy. However, the Council plays a more observer’s role with an occasional active participation as opposed to an active enforcement agency.

 Therefore, the revocation of Article 370 and 35A has brought change in the political demography of Jammu and Kashmir. Though it marks a personnel change with the Indian governance of the region, the conflict inside has escalated the external debate on the Kashmir situation. The role of UNSC may be seen as rather a limited, however such attention to the situation in the region proves that the problem remains an issue of international interest. Thus, as the situation unfolds, the key actors of international relations, including the UNSC, will probably persist in their endeavor to find a long-term peaceful referendum to one of the oldest and intractable conflicts in the modern history.

Alina Fayaz
Alina Fayaz
Alina Fayaz is a student of International Relations at Beaconhouse International College Islamabad, pursuing her degree alongside working as a writer, research, analysts and host at certain platforms.