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 and the party manifastso promised the Indian masses 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 15thAugust 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 toperipheral 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 that Kashmir would 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, Pakistanbecame 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 as 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, if Pakistan along the help of international community effectively built pressure on India, then it can save the Muslims of Indian Occupied Kashmir. But, if Pakistan fail in its attempts, the Muslim community in Occupied Kashmir will be primary subject of Indian brutality. 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’splan 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 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.
*Mehmood Hussain PhD, Jilin University China
Assistant Professor of IRWomen University of Azad Jammu & KashmirBagh, Pakistan