Pieter J. Friedrich reports on recent events concerning the unique constitutional status of Jammu and Kashmir within the Republic of India:
CIA map of the Kashmir Region in 2004.
Via Wikimedia Commons. Click image to see full-sized map.
Terror grips the most militarized zone in the world after India’s Central Government terminated Jammu and Kashmir’s 70-year-old “special status” as the first step towards stripping the disputed region of statehood entirely.
Internationally infamous as the world’s hottest potential nuclear flashpoint, J&K originally acceded to India in 1947 only on the condition that the newly-formed country be restricted from interfering in the domestic affairs of the mountainous northern region. The agreement was sealed between the last king of J&K, Maharaja Hari Singh Dogra, and the representative of the British crown, Governor-General Lord Mountbatten. In 1949, when passage of the constitution formed the Republic of India, the Maharaja’s conditions for accession were enshrined in Article 370.
The crux of the article – in combination with Article 35A of 1954 – was that, while J&K accepted India’s handling of issues like defense and foreign policy, the state otherwise reserved the right to autonomy in handling its domestic affairs. Kashmiris, thus, lived under their own distinct laws. Notably, citizens of other parts of India were prohibited from settling permanently or owning property in Kashmir. In the eyes of many Kashmiris, this prevented settler colonialism. On August 5, 2019, the President of India abolished this “special status” by decree.
Simultaneously, Home Minister Amit Shah – charged with India’s internal security – introduced a bill in the upper house of parliament to strip J&K of statehood, downgrade it to a “Union Territory,” and partition the region.
As Shah did this, the Central Government shut down Kashmir. It imposed a virtual curfew, banning movement of the public, shuttering educational institutions, and barring all public assemblies or meetings. It severed communications, cutting off phone and internet access. And it conducted arrests of mainstream Kashmiri political leaders – such as former chief ministers Mehbooba Mufti and Omar Abdullah – on unknown charges.
India’s ruling Bharatiya Janata Party, which was just re-elected in May, campaigned on promises to scrap J&K’s “special status.” The BJP’s manifesto alleged that it was “an obstacle in the development of the state,” while Shah insisted it stood in the way of of Kashmir becoming an “integral party of India permanently” and was necessary for “national security.” Indeed, the tumultuous region has suffered a significant influx in violence in recent years.
Since 2014, when Prime Minister Modi’s regime first came to power, terrorist incidents in J&K have nearly tripled and security forces deaths have nearly doubled. According to a July 2019 UN report, independent bodies documented 159 security forces deaths in 2018 – a figure comparable to US troop fatalities in Iraq in 2009. The latest round of escalating tensions traces back to at least 2010, when mass protests erupted over an “encounter killing” of three civilians by Indian Army troops. Protests again erupted in 2016. During suppression efforts, security forces killed hundreds of protesters.
The Central Government has responded by flooding J&K with more and more soldiers. The small region – slightly smaller than the United Kingdom – is already occupied by a bare minimum of 500,000 troops. Since late July 2019, India has deployed nearly another 50,000.
Delhi has additionally responded by repeatedly dissolving J&K’s elected state government, imposing direct rule three times since 2015. The last time was in June 2018, after India’s ruling BJP withdrew from a coalition with then J&K Chief Minister Mufti – apparently because she advocated “reconciliation” instead of a “muscular security policy” as the most effective solution to the Kashmir conflict. Elections have not been allowed since 2014.
The ongoing occupation as well as the long-term use of direct rule – imposed for approximately ten of the past 42 years – contribute to the perception of Kashmiris that they are nothing more than vassals within the Republic of India.
