Transformation of Jammu and Kashmir since 2019: Legal and Ideological Dimensions

The transformation of Indian Illegally Occupied Jammu and Kashmir since 2019 should not be understood in isolation, but rather in a broader context, with a slight touch of history as well, when Maharaja Hari Singh was the prince and Kashmir was a princely state.

During the year 1947, Raja Hari Singh was given a choice to join India or Pakistan. Due to the tribal invasion from Pakistan, he decided to join India and signed the Instrument of Accession. After that, Kashmir was given a special status under Article 370, which declares Kashmir as an autonomous state where the local government can make decisions except in a few areas like defense, foreign affairs, and communications, which are controlled directly by the Indian government. Along with Article 35A in the Constitution, it gave rights to the people.

Unfortunately, after the emergence of Narendra Modi, Articles 370 and 35A were abrogated on August 5, 2019, and many new acts were introduced, such as the Citizenship Amendment Act (CAA), 2019. This law made it easier for non-Muslims, like Christians, Parsis, Jains, Hindus, Sikhs, and Buddhists from Pakistan, Afghanistan, and Bangladesh, to get Indian citizenship faster and live in Kashmir. While this does not automatically change the local population, it provides a legal pathway for non-local citizens to settle and gain rights, which critics argue undermines the rights of the local citizens of Kashmir.

However, critics argue that these acts carry a strong influence of “Hindutva,” which was coined by the Indian political thinker, activist, and writer Vinayak Damodar Savarkar in his famous book Hindutva: Who is a Hindu?, where he explains the key idea that India should be mainly defined by Hindu culture and identity, leaving little space for other ideologies, cultures, and religions. This idea later triggered Hindu nationalist thoughts in the region. These ideas were mainly promoted by organizations like Rashtriya Swayamsevak Sangh (RSS) and politically by the Bharatiya Janata Party (BJP). In this context, critics and experts argue that because Modi is also part of RSS, he is promoting the same ideology through the abrogation of Articles 370 and 35A.

In conclusion, the Kashmir issue will remain a hot topic for both India and Pakistan until it is fully resolved. One legal and fair solution is to conduct a plebiscite in Kashmir, where the people can freely decide whether they want to join India or Pakistan, under the supervision of international observers, such as those from the United Nations. This could provide a peaceful and internationally recognized resolution to the long-standing dispute.

By Syed Azam Ali Shah 

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