ON 5 August 2019, PM, Modi’s Government had revoked Articles 35 A and 370 of the Indian constitution, which ended Kashmir’s special status (limited autonomy granted earlier vide Article 370), and removed the restrictions for the Indians to buy and own properties in occupied Kashmir. Modi’s revocation of Article 370 divided the region into two federal territories, Ladakh and Jammu-Kashmir, both ruled directly by the central government, without a legislature of their own. This IIOJ&K was bifurcated into two federal territories without consulting the people of IIOJ&K, who were engaged in the freedom struggle to get their right to self-determination for the last 33 years since 1989, granted to them by the UNSC, ruling through its resolutions of 1948/49 that the decision about the accession of J&K to Pakistan or India would be made after asking will of its people through its supervised plebiscite. India had used above 700,000 security personnel to crush the freedom struggle, committing immense HR violations and atrocities on the people of IIOJ&K.
The bifurcation of the IIOJ&K into two union territories was done by Modi-led BJP government on 5 August 2019 in total violation of the above stated UNSC resolutions on J&K dispute. This action of the Indian Government was also in contravention to the UNSC resolutions number 122 and number 126 adopted on 24 January 1957 and 2 December 1957, respectively. These resolutions prohibit any unilateral action targeted at changing the disputed nature of the State of Jammu and Kashmir. The BJP government’s bifurcation of the IIOJ&K into two federal territories also disregarded the promises/commitments made by the previous Indian governments with Pakistan by signing the bilateral agreements, the Shimla agreement-1972 and Lahore declaration-1999 stating that the J&K state was a disputed territory, and its final status would be decided through a bilateral dialogue. The above discussed removal of Article 370 of the Constitution on 5 August 2019 by the BJP Government, which enshrined the Indian-administered region’s special status, was challenged by IIOJ&K’s political parties, the local Bar Association and individual litigants. On 11 December 2023, the India’s Supreme Court announced its decision and upheld the illegal move by Prime Minister Narendra Modi’s Government to revoke the limited autonomy of Muslim-majority Kashmir.
As per the CNN dated 11 December 2023, India’s top court upheld the government’s controversial 2019 decision to revoke the special status of Jammu and Kashmir. The CNN commented, claimed in its entirety by both India and Pakistan, the mountainous Kashmir region has been at the epicentre of an often-violent territorial struggle between the nuclear-armed neighbours for more than 70 years. The region is one of the world’s most dangerous flashpoints, and a de facto border called the Line of Control divides the areas overseen by New Delhi and Islamabad. According to the Guardian dated 11 December 2023, India’s Supreme Court has ruled that the government acted lawfully when it revoked the autonomy of the state of Jammu and Kashmir and brought it directly under control of the Centre. The 2019 declaration was “a culmination of the process of integration and as such is a valid exercise of power”, the Supreme Court said in its verdict.
During the process of the Kashmiris’ 33 years of freedom struggle, many decisions of the Indian supreme court against the freedom fighters, and the above stated decision given in support of the Indian government’s 5 August 2019 illegal action of unilaterally dividing the J&K state into two federal territories, have been without any concrete evidence and disregarding above-mentioned international laws/UNSC resolutions, and bilateral agreements of India and Pakistan on the resolution of the J&K dispute. For example, as per the write up of a guest contributor, published by the EU Reporter dated 14 December 2023, the Supreme Court of India verdict though disappointing does not come as a surprise. This is the same court that confirmed the death sentence on Afzal Guru, notwithstanding the fact (own admission of the Chief Justice) that evidence for the alleged crime was not conclusive. The judgment came “to satisfy the collective conscience of the nation”.
The above-stated decision of the Indian Supreme Court is clearly supporting the Indian Government’s unilateral illegal action of annexing the IIOJ&K by dividing it into two federal territories. The decision is illegal as it is in total contravention of the UNSC resolutions and bilateral agreements on J&K State. That is why this decision has been totally rejected by the Kashmiris, Pakistan and all freedom seeking nations/institutions, who have advocated for a peaceful and amicable resolution of the Kashmir dispute.
In view of the above discussed Indian government’s illegal action to illegally grab IIOJ&K permanently and the Indian Supreme Court’s pro-government decisions in this context are worthy of the notice by the UNSC and the major world powers, who are supposed to resolve the J&K dispute as per the UNSC resolutions on it. In this context, it would be prudent if all major/veto powers hold a discussion at the UNSC and pass a binding resolution on India to annul its illegal action/Indian Supreme Court decision on the IIOJ&K, for the sake of peace in South Asia. If no action is taken by the UNSC and the Indian belligerence in IIOJ&K continues, the possibility of a war between two nuclear neighbours will remain.
—The writer is also a former Research Fellow of IPRI and Senior Research Fellow of SVI Islamabad.
Email: hanifsardar@hotmail.com
views expressed are writer’s own.
