On the 5th of august 2019, the upper house of the Indian parliament revoked the special status or limited autonomy to the state of Jammu and Kashmir under article 370 of the Indian constitution. This further led to the splitting of the region into two union territories (Ladakh and Kashmir). Further government actions included cutting communication lines in the Kashmir valley, detaining prominent Kashmiri politicians such as former state chief ministers such as Mehbooba Mufti and Omar Abdullah. International human rights groups, the European parliament and to a certain extent, the united nations have all condemned the actions along with national political parties such as the Indian National Congress and the Communist Party of India (Marxist).
The move however has been celebrated and supported by Hindu nationalists, people living in the Ladakh region (who for long have fought against being incorporated into the state of Jammu and Kashmir and also political parties such as the Aam Admi Party and the ruling Bhartiya Janata Party. In order to understand the significance of the region and the article in itself we will have to look into the history and demographics of the region.
A not so brief history Kashmir is situated to the north of the Indian subcontinent and borders central Asia, south Asia and east Asia. From the first millennium, Kashmir was an important centre of Hinduism, Buddhism and Shaivism. By the 13th to 15th century, the "Islamization" of Kashmir took place with multiple invasions from the northern afghan and Pashtun tribes. The region was ruled by Muslim rulers until 1819, when it was annexed by the Sikhs under maharaja Ranjit Singh. However, the defeat of the Sikhs in the first Anglo Sikh war and the subsequent treaties of Lahore and Amritsar, led the British to install Gulab Singh of the Dogra dynasty to the throne. Fast forward to 1947, and the British were out and the subcontinent was divided into two newly formed nations- India and Pakistan. Kashmir, being a princely state, was given the option to either accede to India or Pakistan or remain neutral.
The Maharaja Hari Singh tried to play for time, but by august the Poonch region in Jammu revolted against oppressive taxation and after Hari Singh’s forces fired on protesters, burnt whole villages and massacred innocent civilians, the Poonch rebels declared an independent state of “Azad Kashmir” on the 24th of October. The rebels, then aided by the Pakistan government sponsored Pashtun tribesmen of Pakistan’s north-western frontier, invaded Kashmir to “liberate it”. Hari Singh’s army was no match and he quickly asked the Indian government for assistance, which they agreed upon only if he was willing to accede to India. He agreed and the instrument of accession was signed on 26th October. The Indian army then stormed the valley and prevented the capture of Srinagar by the rebels. In early 1948, India took the issue to the united nations, and resolution 47 was passed stating that both India and Pakistan would have to remove troops meant for aggression and hold a plebiscite and a ceasefire between the two countries was achieved in 1949. However, resolution 47 is yet to be implemented as relations between the two nations has deteriorated in the past few years. India further fought multiple conflicts with Pakistan including the wars of 1965, 1971 and 1999 over the region. In 1962, China during the Sino-India war captured the region of Aksai Chin in the north east of Kashmir the citing historical claims. As of today, entire region is split between India, Pakistan and china. Pakistan claims approximately 1/3 rd of Kashmir with Azad Kashmir in the Jammu region (north west Kashmir) and Gilgit-Baltistan to the extreme north being granted semi autonomy. This area is generally recognized as Pakistan administered Kashmir. China in the November offensive of the Sino-India war, captured the region of Aksai-Chin and in 1965, the Trans-Karakoram Tract- an adjoining region, was ceded by Pakistan to china in 1965.
Indian on the other hand, currently controls the regions of southern Jammu, the entire Kashmir valley and also the north east region of Ladakh. However, the Indian government claims the entire region as its territory and Indian maps are represented showing the entire region of Kashmir as a whole. This approximately is half of the greater Kashmir region. Multiple accords have been signed to ease the tensions of the 3 countries that have a stake in the region such as the Karachi agreement(1949),the Liaquat-Nehru pact(1950) the Tashkent declaration (1965), Shimla accords (1972) and Lahore treaty (1999) between India and Pakistan, and the Panchsheel Pact(1954) and the 2003 agreement between China and India. In this period, the region of Kashmir was given special autonomy under article 370 of the Indian constitution, which made Kashmir a semi-autonomous region, with the centre only controlling matters of foreign relations, Défense and communications.
The new prime minister of Jammu and Kashmir appointed in 1947 was Sheik Abdullah, the leader of the national conference, a secular party which wanted the right for Kashmir to decide its own future. However due to alleged interference from the central government he was removed from his post and exiled. He then returned to power in the midterm elections of 1975 and led the state until his death in 1982. He was a staunch opponent of Pakistani claim to Kashmir and wanted a secular government for his state. He
(pro Pakistan forces during the 1947 Indo-Pak war) generally was pro-India. However, he wished for a plebiscite to be held to determine the fate of the region. However even to this day, there has been no plebiscite in the region. The death of Sheikh Abdullah and the early 1980’s saw a rise in Islamic insurgency and Pakistani backed separatists and “jihadists” who looked to sway Kashmir to secede from India and join Pakistan. Pro independence and mostly secular groups such as the Jammu Kashmir liberation front (JKLF) began to soon come under the influence of radical Islamic groups such as the Jaish-E-Mohammed and Hizbul Mujahideen and began to develop, propagate and spread separatist ideologies.
The region, which had always been under a thin veil of tension in the air had however, never openly revolted against the centre and excluding certain radical Islamists, the region respected the rule of law. However, the straw that broke the camel’s back came in the state election of 1987, when the pro India forces of the INC and the National Conference (now led by sheik Abdullah’s son- Farooq Abdullah) contested against the Pro Pakistan Muslim United Front (MUF). The election was heavily rigged, which police officers arresting members of opposition and led many to flee underground and form new insurgency movements. This new radical Islamic movement led to the expulsion of over 100,000 Kashmiri pandits (a minority Hindu group with ancient roots in the region) from the valley. The new government formed under the leadership of Farooq Abdullah lacked any legitimacy in the eyes of the people and the state came under president’s rule from 1990 to 1996. 1987 marked a watershed moment in the history of Kashmir. The region which generally was against pro Pakistan Islamic forces were now open to radicalization. The ensuing insurgency led to the cancellation of the general election in the state as well as the deployment of 500,000 armed forces personnel in the Kashmir valley itself. Pakistan used the ensuing chaos to continually fund rebels and separatists in the region causing even more bloodshed and violence in the region. The army conduct in the region has often come in to question which constant curfews and acts of violence against the local population. Since 1990, the state has been under Presidents’ rule for around 11 years by far the most of any state. The local population has seen huge anger against Indian rule and a separatist culture lies in the state. Multiple insurgent groups have also been responsible for terror attacks in both the state and the larger Indian nation. The most recent came in 2019, when a suicide bomber (Adil Ahmed Dhar) a member of the Jaish-E-Mohammed rammed a car containing explosives into an army convoy. This led to the death of 40 military personnel. According to an interview with Dhar’s parents, he had become radicalized due to terrible mistreatment at the hands of the military and the policy. He was beaten up and forced to touch his face to the ground. On another instance, he was shot on his leg by Indian armed forces during a protest. Dejected and humiliated, he declared that he was leaving to join the Jaish-E-Mohammed. This remains a common story for many Kashmiri’s. they have for long been denied the basic rights of Indian citizens and constantly been ill-treated despite the Indian central government claiming it to be an “integral part” of India. Violence during the 1987 insurgency Present day Kashmir has long been a playground for both India and Pakistan to flex their muscles. While the actions of the Pakistan government of illegal sending foreign aggressors and supporting separatists and terrorists’ groups in the region is unequivocally condemnable, the Indian government, has done little to endear itself to the locals. It has constantly overridden the right to self-determination aspiration of the region despite being itself birthed on such principles and has become more resembling the mighty imperial power that it once fought against. The recent removal of article 370 and the subsequent formation of the two separate union territories of Kashmir and Ladakh has mixed results.
On one hand it has fulfilled the long-demanded aspirations of the Ladakh region to become an autonomous region from Kashmir with credit due to the BJP in this act. However where The BJP can be condemned is in the fact that it has stripped the rights guaranteed to the region under the constitution and has cut basic communication lines from the region under the pretext of “preventing extremist outbreak”, however this is just another clear case of continuing the country’s long standing tradition of turning a blind ear to the aspiration of the people of Kashmir. Despite a Hindu nationalist government at the centre, Kashmiri pandits have not yet been repatriated to their ancestral homeland. Even during the recent COVID-19 pandemic, the basic human rights of the people have not yet been restored. Despite global condemnation, Indian policy towards the region remains unchanged.
Multiple reporters and politicians who have spoken out against this course of action have been detained under outdated, draconian and ancient sedition laws and have conveniently been labled as “anti-nationals”. And know to conclude on a personal note, I must add that Indian action in Kashmir goes against all morals, ethics and values and of our very own independence struggle. However, this legacy has been dragged through the mud with the imperialist actions of the central government for a long period of time.
The Indian National Congress, the party of Nehru, Gandhi, Bose and Patel who fought valiantly for freedom from tyranny, has often been criticized for rigging the elections of the Kashmir state. The current ruling party, the Bhartiya Janata Party, has further added to the oppression of the Kashmiri people with its new legislation. Kashmiri pandits, an ethnic minority, have been chased out of their homeland by extremists. The majority Muslim population living in the region feel alienated by the governments constant rebukes and have mostly turned to extremists means. The Indian army, tasked with maintaining law and order, have often come in harms way while performing their mission. The centre spends an estimated rupees 6 crore per day for the maintenance of the army stationed in the region and state governments are bear the brunt of the amount, leading to neglect in the development of their respective states. India boasts of being the world’s largest democracy.
Its fight against colonialism and imperialism has been globally acknowledged and inspired multiple uprisings. It has given hope to the most downtrodden and oppressed that one day, they too may be given the right of self-determination. That one day, they too may dream of being free. That one day, the too will enjoy the right to equality and be endowed with certain inalienable rights such as life, liberty and the pursuit of happiness. This is the legacy left behind by our great freedom struggle and its glorious leaders and its our duty as Indian citizens to uphold its ideals. The people of Kashmir have long suffered and endured oppression and perhaps its time to let them decide their destiny. Information sources: India after Gandhi – by Ramachandra Guha https://en.wikipedia.org/wiki/History_of_Kashmir https://fortune.com/2019/08/08/what-is-article-370-kashmir-india/
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