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Thursday April 18, 2024

India and the law

September 28, 2019

The revocation of Article 370 and Article 35-A of the Indian constitution by the Modi government is tantamount to violation of national, regional and international laws. On the national front, it is the violation of Article 368(2) of the Indian constitution, which says that changes in any Indian territory must be ratified by the respective state agency. At the regional level it is an outright violation of the Simla Agreement signed in 1972 between India and Pakistan. Article 2(B) of the Simla Agreement states that Kashmir is a bilateral issue and no unilateral decision should be taken in this regard.

Internationally it is a violation of UNSC Resolution 47 which calls for referendum and demilitarization of the entire region. Also it is a violation of Article 32 of the Geneva convention IV which prohibits torture and clampdown in occupied territories. Keeping in view all these flagrant violations, responsible actors should keep aside the economic benefits they are reaping from India and snub it for what it has done.

Muhammad Ibrahim Khan

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