On August 5, India in a controversial move repealed Article 370 of the Indian Constitution and usurped Jammu and Kashmir’s special status.
Article 370 allowed J&K, a Muslim majority state, autonomy over its own affairs. With Article 370, J&K was allowed to have its own constitution. The state even had its own flag. J&K was even allowed to make its own rules relating to permanent residency, property ownership, and other fundamental rights.
During the 1947 Independence, J&K was the only Muslim-majority state at the time to join India. The abrogation of the article thus brought wide-spread condemnation from pro-India Kashmir leaders most notably former J&K Chief Ministers Mehbooba Mufti and Omar Abdullah.
Fearing protests and backlash to the move, the Indian government, a day prior to revoking special status, increased military presence in J&K. Kashmiri leaders were also put under house arrest and all communications were shut down in the state.
What is Article 370?
Kashmir has been the main point of controversy between India and Pakistan. The Himalayan region is claimed in full by both the neighbors. A princely state before independence, J&K joined India in 1947. The two neighboring countries have gone to war over Kashmir thrice and both control different parts of the territory. Read about the terrains of Pakistan.
J&K, administered by India, has seen violence for 30 years as a separatist insurgency fights against Indian rule.
Article 370 was the basis on which J&K acceded to India after independence. It came into effect in 1949 and exempted the state from the Indian constitution. It gave the state autonomy over all matters except finance, defence, and foreign affairs. Under the article, J&K also had a separate constitution, a separate flag, and denied outsiders from buying property in the state.
Under a sub-section, commonly referred to as Article 35A, introduced in 1954, forbid outsiders from permanently settling, buying land or holding local jobs. Another provision of Article 35A barred female residents of J&K from property rights if they marry a person from outside the state.
Why was Article 370 revoked?
The Bharatiya Janata Party (BJP), India’s ruling party and Prime Minister Narendra Modi had long opposed Article 370. Revoking it was also in the party’s 2019 election manifesto.
According to the BJP, Article 370 had to be scrapped so that Kashmir could be integrated into India. The government argues this will bring development into the region as outsiders are allowed to buy property there. According to PM Modi, J&K is underdeveloped and could also become a massive tourist hub and a destination to film movies.
The BJP also wants to show that it is tough on Kashmir and is fulfilling its campaign promise.
“This is a straightforward pandering to the Hindu-majority electorate in India,” said Ajai Shukla, a defence analyst in New Delhi told Al-Jazeera.
“There is a political polarisation here with the ruling party trying to pander to its Hindu vote bank and to anything it sees as anti-Muslim. For the government, it is a step that it had promised and now delivered on.”
Many believe the BJP wants to change the demographics of the Muslim-majority J&K by allowing non-Kashmiris to buy land there.
Kashmiris Call The Move A ‘Betrayal’
Kashmiri leaders and residents have spoken out against the Indian government’s move calling it “illegal” and a “betrayal”.
Kashmiri leaders were put under house arrest and a curfew-like situation has been imposed in J&K. There is also a blank telecommunications restriction and restriction on peaceful assembly.
Rupert Colville, a spokesman for the United Nations High Commissioner for Civil Rights, stated: “We are seeing, again, blanket telecommunications restrictions, perhaps more blanket than we have ever seen before, the reported arbitrary detention of political leaders and restrictions on peaceful assembly.”
Former Chief Minister of J&K Mehbooba Mufti has condemned the decision, said they “have been let down by the same nation we ceded to.” She added that maybe the state had made the “wrong choice” by aligning with India rather than Pakistan in 1947, vowing to fight the “illegal occupation” by the Indian government.
The National Conference, a J&K political party, has also filed a petition in the Indian Supreme Court, asking the court to declare the abrogation of Article 370 as “unconstitutional, void and inoperative”.
BJP’s biggest political opponent, the Indian Congress, has also slammed the abuse of executive power.
Congress leader Rahul Gandhi stated the Indian constitution has been violated and reminded the BJP government that “imprisoning elected representatives” does not strengthen national integration.
Another senior Congress leader Shashi Tharoor stated that Kashmiri leaders must be “kept on board” and alienating them would not help. He also vowed that every Indian democrat will stand with the mainstream leaders in Kashmir.
So what happens next? Protests can be expected in the J&K region as leaders and citizens are both vocally against the Indian government’s move. The insurgency in the state can also be expected to increase as separatists will see the move as having confirmation of why J&K should be separate.
The Pakistani government and army has also vocally opposed the move and called for India to listen to the wishes of the Kashmiri people, vowing to defend their rights. Diplomatic ties have also been downgraded between the nations. While a full-scale war is unlikely, clashes in Kashmir and along the border are likely to increase and relations will get worse before they get better.
