Kashmir, a disputed region between India and Pakistan in the northwest of South Asia, acts as a nuclear flashpoint. The Kashmir conflict, a decades-old discord between the two states, has far-reaching effects beyond the region. Its geostrategic location has enhanced its role in the regional geopolitical dynamics. The general perception is that it is a bilateral conflict, and both India and Pakistan claim that their stance on Kashmir has legal authenticity. Furthermore, the arms race and nuclearization of South Asia have contributed to this dispute in the region, where power politics appear to be dominant. Currently, the western part, i.e., Gilgit Baltistan, and the southeastern portion of Azad Jammu and Kashmir are under the administration of Pakistan, while in the east, Jammu and Kashmir, along with Ladakh, come under the administration of the Indian Union.
Back at the time of independence, PM Jawaharlal Nehru went back on his promise of holding a plebiscite under UN supervision. Rather, he sought alternative measures to legitimize the presence of Indian forces in Kashmir. In the year 1954, India declared Kashmir as its integral part. Soon after the elections, people were deprived of their political rights and were charged for anti-state activity. Political parties that were sponsored by India, were allowed to form a government in Kashmir. Many people lost their lives in the protests, yet political unrest continued.
Articles 370 and 35A were introduced as constitutional provisions in the Indian constitution that gave Kashmir its special autonomous status back in 1954. These provisions allowed it to have its own constitution, a separate flag, and autonomy over internal matters except for defense, finance, communication, and foreign affairs. The provisions ensure the rights of people, which later became just an illusion. On 5th August, 2019, they were abrogated from the constitution after the general elections won by two-third majority by BJP (Bharatiya Janata Party) in India. It was never a sudden decision; rather, it was a long pre-planned conspiracy that resulted in the annulment of the rights of self-determination of Kashmiris. Jammu and Kashmir has been absorbed as a new state, declared as Jammu, while the territory of Ladakh has been renamed as the Union Territory of Ladakh. Both the regions are directly governed by Delhi now. This unilateral decision led to the exacerbation of the Kashmir conflict, marked by political, social, economic, and military turmoil.
Critics argue that this move by BJP is to impose colonialism and to change patterns of livelihood for the people of Kashmir. Local political leaders and citizens voiced strong resistance to this lawbreaking decision, which resulted in widespread protests, chaos, and turmoil in the area. Detention of numerous political figures, including previous chief ministers, was done to stop the opposition from going against the decision made by the BJP government. The popular uprising, widely known as the Kashmiri Intifada, began, and the use of excessive and inhumane force against the civilians led to violence. The Indian nationalist government tended to blame Pakistan for supporting this insurgency in Kashmir, when it was just a reaction of the locals to the brutality faced by them.
The revocation of Article 35A allowed people from outside Jammu and Kashmir to come there, buy property, marry, and settle as permanent residents of Kashmir, whether by force or not. Moreover, Jammu and Kashmir was reorganized into two distinct territories, namely Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly). This eventually alters the demographic makeup of the region to a great extent. Locals of the region fear that such a great influx of newcomers can alter the religious and cultural demographics.
The humanitarian crisis that has been rising due to the abrogation is significant. There exists a heavy military presence and a complete communication blackout in Indian-occupied Kashmir (IOK). These restrictions have caused disruptions in the daily lives of the residents, hampering the access to basic facilities like healthcare. Extreme human rights violations (HRVs) have adversely affected the stability of the region, and fear is always whispering in the atmosphere there. Atrocities on Kashmiri women, children, and elderly people spread constant psychological terror among them. Acts passed by the Indian Union, like AFSPA (Armed Forces Special Powers Act), enacted in 1990, allow the armed soldiers to shoot to kill, to arrest anyone without a warrant, and to destroy anyone’s property. The Public Safety Act (PSA), enacted in 1978, allows detention without trial for almost two years for any person suspected of acting in a way that threatens the security of the state. Moreover, rape has been used as a tool of abuse, oppression, discrimination, and psychological trauma for a lifetime. Thousands of Kashmiri youth faced persecution, enforced disappearances, and utmost torture.
Abrogation of these articles from the Indian constitution has severely harmed and worsened the Kashmir cause. It altered the political and strategic landscape of the region, having negative implications for media discourse too. It raised concerns for human rights as usage of pellet guns, which is strictly prohibited by international law, threatens the lives of the locals. Moreover, immediately after the crisis, curfews and communication blackouts led to significant economic downturn, creating hurdles for trade, investment, and local businesses. Increased military presence on the LoC (Line of Control) has caused constant unrest and has heightened security concerns. Overall, this abrogation has deeply impacted the Kashmir conflict, affecting geopolitical dynamics and social fabric.
The suffering of Kashmiri people has been prolonged for a period of almost eight decades now. The decision of accession of Kashmir to India was a complicity that led to this dispute. After the ceasefire agreement between India and Pakistan in 1948, the people of Kashmir were guaranteed their rights by UN Resolution, but practically, it could never happen. India now argues that this is no longer a bilateral issue; rather, Jammu and Kashmir is a formal part of the Indian Union, and Pakistan is left with nothing but verbal support from its allies. Kashmir now acts as a key for India’s desired objectives, as it connects India with the Central Asian states. Moreover, the US Indo-Pacific strategy already gives India an upper hand regarding this issue, as the USA declares India to be its main strategic partner in the region. This implicit use of power politics in this region gives the Kashmir dispute a different dimension, but nonetheless, peace and stability in South Asia rely on complete resolution of the Kashmir issue.
