Abrogation of Article 370, four years on

August 6, 2023

The abrogation of Articles 370 and 35-A in the Indian Occupied Kashmir was met with intense opposition from both the Kashmiri people and their leaders

Abrogation of Article 370, four years on


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t has been four years since the revocation of Articles 370 and 35-A in India. The event marked a significant turning point in Kashmir’s history, causing profound negative impacts on the region’s politics, people-to-people contacts and economic activities. Before the revocation, the people of Indian-Occupied Kashmir (IOK) enjoyed a semblance of autonomy – having a constitution, regional flag and legislative authority. These articles also protected land purchases and citizenship rights.

The abrogation of these articles was met with intense opposition and criticism from the people and the Kashmiri leaders alike. Communication was cut off and curfews were put in place to stifle public reaction. Tens of thousands of additional troops were sent to the area, instilling fear and chaos. All pro-independence Kashmiri leaders and known activists were arrested, along with three former chief ministers of Indian-Occupied Kashmir. Above all, Kashmir was made a Union territory with a governor appointed by Delhi. No elections had been held in the IOK for seven years.

Ever since the Indian government revoked the special status, the situation has only grown worse in the region. It has also led to a significant increase in human rights abuses in Kashmir. Human rights groups have documented cases of extra-judicial killings, torture and rape by Indian security forces. Several human rights defenders and Kashmiri politicians were arrested in an effort to silence them. Curfews and lockdowns were used as cover for human rights violations. Sajjad Gul, Fahad Shah, Khurram Pervez, Irfan Mehraj and many other activists and pro-freedom leaders have been detained under bogus charges.

Mary Lawlor, an independent UN Special Rapporteur on the situation of human rights defenders, demanded greater accountability and urged that India immediately cease its crackdown on Kashmiri activists. Arrests and detention of people merely practicing their rights are arbitrary, she said, adding that where such harmful activities are committed, there must be accountability and justice.

According to a report by Human Rights Watch, there have been 229 documented killings in the area as of October 2022, including 28 civilians, 29 security personnel and 172 suspected militants. Draconian laws such as the Public Safety Act have been employed blatantly to silence criticism. The number of human rights abuses has significantly increased, although many of these cases remain unreported.

International organisations, including the United Nations (UN), Human Rights Watch and Amnesty International have issued responses on the situation. At the UN Human Rights Council, 58 nations issued a statement condemning India’s action. However, India continues to violate fundamental human rights of the people of Kashmir.

The Indian government appears to have succeeded in putting the region under its direct control. The people of Jammu were robbed of their special status, land rights, legislative powers and statehood. Indian Prime Minister Narendra Modi claimed that this would bring development to the region. However, Kashmiris perceived it as a threat to change the demographics of the Valley from being predominately Muslim to being non-Kashmiri and non-Muslim. The claims of investment and progress do not reflect the situation on the ground. Civil society, human rights organisations and trade unions have all disappeared.

In 2019, Pakistan suspended bilateral trade with India and expelled its high commissioner from Islamabad. Thousands of traders in both nations have consequently made huge losses. Since then, trade between the two countries has been limited to small informal purchases that take place through third country parties. In 2020–21, trade between India and Pakistan was worth $329.26 million, showing a significant decline from the previous year, when trade was worth $830.58 million. However, in March 2023, India’s deputy high commissioner to Pakistan said that India was interested in moving towards normalising business relations. While he said the two countries could benefit from more trade, there is no hope that trade ties would be restored soon.

Indian-Occupied Kashmir has also experienced the marginalisation of mainstream politics in the past four years. Speaking to The News on Sunday, Altaf Hussain Wani, the chairperson of the Kashmir Institute of International Relations (KIIR), says that Indian-Occupied Kashmir‘s political and geographical identity has been destroyed with the loss of its special status. Local population has been completely cut off from all sources of livelihood, making them economically vulnerable due to the imposition of a globally unparalleled complete lockdown on all forms of transportation and communication. The local press has been silenced, and the education system is being neglected. This has opened the door for the Indian government to implement legislation that directly affects the demography and electoral system.

He also says after Pakistan downgraded its diplomatic relations with India, all kinds of trade relations came to a halt. Although the Indian government was able to imprison every political figure, it only served to further alienate the Kashmiri people from India. Talking about the freedom movement, he says that the on-going clampdown cannot continue forever. He says the Kashmiri youth are now taking the lead in the movement. The Kashmir movement has survived hard times in the past, he says, adding that it will survive in the future too.

Anuradha Bhasin, in her book A Dismantled State, talks about the aftermath of the abrogation of Articles 35-A and 370. She discusses the rise of Hindu nationalism in India and the increasing militarisation of Kashmir. She goes into great detail on the restrictions imposed on Kashmiris – the longest internet blackout in history; mass detentions of Kashmiris; and the use of pellet guns and tear gas on innocent civilians. She also mentions instances of extra-judicial killings, torture and rape by the Indian security forces.

The future of Indian-Occupied Kashmir is uncertain. The abrogation of Articles 370 and 35-A has created a new reality in the region. It is unclear what the long-term consequences will be. There may be those who believe that the abrogation will bring peace to the region, but others worry that it will, instead, fuel more unrest and instability.


The writer is a freelance contributor based in Azad Jammu and Kashmir. She tweets at @hunain_mahmood and can be reached at hunainmehmud101@gmail.com

Abrogation of Article 370, four years on