Peace at peril

Narendra Modi, a staunch advocate of Hindutva, the creed propounded by RSS, in his election manifesto for the 2014 general elections in India had pledged to repeal articles 370 and 35-A of the Indian constitution which accorded special status to the state of Jammu and Kashmir and prohibited purchase of property in the state by outsiders, respectively. However, he could not fulfill those pledges for lack of required strength in the Lok Sabha to have the article repealed as well as due to a decision by the Supreme Court of India maintaining that Article 370 had attained permanence and could not be repealed. The high court of Indian Occupied Kashmir had also delivered an identical verdict in regard to Article 370.

However, the landslide victory of the BJP in the 2019 general elections facilitated the long planned move. The National Democratic Alliance comprising the BJP and its allies have 353 seats in the 545-member Lok Sabha (including 303 of the BJP). Inebriated by the thumping electoral victory, Modi has finally done it. Indian Home Minister Amit Shah introduced a presidential order and a bill in parliament on August 5 – purported to revoke Article 370 which ends the special autonomous status of Jammu and Kashmir and makes it part of the Indian Union.

The process of preparing the ground for the envisaged move actually started with the BJP pulling out of its coalition with the PDP of Mehbooba Mufti last year, dissolution of the legislative assembly of Jammu and Kashmir, imposition of governor’s rule in IHK and imparting intensity to the killing spree in the valley in the backdrop of that development. This was followed by petitions in the Indian courts for repeal of Article 35-A, decision on which is likely to be announced shortly. In view of the likely reaction to the expected decision, India has already increased the number of troops in IHK through new inductions. So the repeal of Article 370 is the culmination of a well-planned and orchestrated move by the Modi government to achieve its purpose of ending the special status of Jammu and Kashmir and changing demographic realities in the valley.

Under Article 370, only the president of India could revoke the special status of the state on the advice from the constituent assembly of Jammu and Kashmir. Since the constituent assembly of Kashmir was dissolved in 1957 after adoption of the state constitution, and replaced by a legislative assembly, the possibility of this article ever being revoked was foreclosed which probably was the basis of the Indian Supreme Court decision which said that Article 370 had attained permanency. The high court of Jammu and Kashmir in its decision had also ruled out any such possibility. The bill moved in the Indian Lok Sabha is based on the consent of the governor of the state.

The action of the Modi government therefore is a blatant violation of the Indian constitution itself; it constitutes contempt of the Indian Supreme Court and the High Court of Jammu and Kashmir. It is tantamount to repudiating UN resolutions on Kashmir and an affront to the UN and the conscience of the international community. It has effectively undone the Simla Agreement and the Lahore Declaration which formed the basis of resolving the Kashmir dispute through bilateral mechanism and above all is an extremely rude rejoinder to the offer of mediation made by US President Donald Trump with reference to a request made to him by the Indian prime minister.

It is pertinent to point out that the decision of the Modi government has not only been vehemently opposed by the opposition Congress Party and other saner elements within India but has also been rejected by pro-India Kashmiri politicians like Farooq Abdullah and Mehboob Mufti who have also served as chief ministers of Jammu and Kashmir. Reportedly, both of them have been put under house arrest. Mehbooba Mufti in a statement has admitted that it was a mistake on the part of their leaders to side with India, observing that India now was an occupation force in Kashmir and that the decision would be resisted by Kashmiris across the political spectrum. Many leaders of the All Parties Hurriyet Conference have also been incarcerated beforehand.

The reality is that the Modi government by taking this step has added fuel to the fire and pushed the region toward perennial instability and a possible armed confrontation with Pakistan if things go out of hand. Mir Waiz Umar Farooq addressing a mammoth public rally three days ago had vowed that any move by India to change the status of Kashmir and its demographic configuration would be fiercely resisted. The portents suggest that India is poised to suppress the freedom movement In IHK through the use of military might as is evident from the induction of more troops, complete curfew in the valley, severing links of the state with the outside world, asking non-state Indian and foreigners to leave on an emergency basis, cancellation of the Amarnath Yatra and Machail Yatra. These developments are a pointer to possible genocide-like measures in the days ahead.

One thing is sure: Kashmiri leaders will not only challenge the decision of the Modi government to repeal Article 370 in the courts but will also physically resist the move. Pakistan which is a party to the Kashmir dispute has also rejected the repeal of article 370. The entire political leadership of the country and security establishment stand united in condemning the machinations of the Modi government to change the status of Jummu and Kashmir and in reiterating their resolve to give a befitting reply to the Indian bellicosity, a reference to the continued violation of LOC, induction of cluster ammunitions and the possible confrontation as a sequel to Indian actions in IHK. The military leadership of Pakistan is also in a huddle to consider measures to deal with any eventuality and a joint session of the parliament has also been convened to discuss and firm up responses to the emerging situation. The government very rightly has also adopted a pro-active approach in apprising the world community of the dangers inherent in what India has done and also urging UN to take immediate notice of the situation.

The UN and the world community must act before it is too late. The Modi government has taken a great risk and put peace and security in the region at peril. I am afraid that this wrong move on his part could eventually pave the way for the Balkanization of India. There is still time for the world to stop the madness resorted to by the Modi government, as well as for Modi to revisit the decision and accept the ground realities. There is no way he can suppress the urge of the Kashmiris to win their freedom. India will be the ultimate loser in the end game.

The writer is a freelancecontributor.

Email: ashpak10@gmail.com