India’s macabre attempt to rob Kashmir of its identity

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Advocate Farhan Ali 

Abolition of article 370 and 35 (A) is not only a violation of international treaties, but also a felonious act, having the potential to flare up the situation in the already volatile region.

The Supreme Court of Pakistan in its verdict of 17 January, 2019, decreed that Gilgit-Baltistan’s constitutional status can be decided by Pakistan, in lieu of its attachment in the now defunct state of Jammu and Kashmir. Pakistan’s apex court declared that Article 257 Of the Constitution of Pakistan is effectively enforced in region wherein it is provided that “When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and the State shall be determined in accordance with the wishes of the people of that State.”

This Article refers to the plebiscite which is to be held in future among the people of the State as envisaged in UNCIP resolutions upon which both States (Pakistan and India) have agreed from day one.

Surprisingly, as well as regrettably enough, the sudden removal of said articles by India, without having any authority as per the provisions of UNCIP and in complete absence of legal backing, is based on selfish interests with a desire to rob the the natural resources owned legally by the people of Indian Occupied Kashmir. This action also aims to change the demography of the state, because despite of keeping the region’s populace under the brutal control of up to one million troops, India has no friends in Kashmir. The action also sabotages the so-called instrument of accession signed against the will of the people by Maharaja Hari Singh and accepted by the then Governor General of India Lord Mountbatten. The action robs Kashmir of its identity, and turns the people into second class citizens, meant to be subservient to the bloody ideology of Hindutva, which is a true manifestation of Hindu radicalism and fascism, disguised as nationalism.

It is appurtenant to draw attention on the irreparable loss of the Kashmiri people caused merely due to removal of Article 370 and 35A from Indian Constitution. These laws allowed the people of Kashmir the following privileges:

1- Article 370 of Indian constitution entitled people of Indian administered Kashmir to have separate  national identity having a separate flag holding equal status to flag of India besides authorizing them to frame a constitution of their own which was established in 1951 and remained enforced in State of Jammu and Kashmir until 5th of August 2019 when the Home Minister Amit Shah announced in the Rajya Sabha (Upper House of the Indian Parliament) that the President of India had issued a presidential order (C.O. 272) under Article 370, super-ceding the 1954 order.

The order stated that all the provisions of the Indian Constitution applied to Jammu and Kashmir. Whereas the 1954 order specified that only some articles of the Indian constitution to apply to the state, the new order removed all such special provisions. This in effect meant that the separate Constitution of Jammu and Kashmir stood abrogated. The President issued the order with the “concurrence of the Government of State of Jammu and Kashmir”, which presumably meant the Governor appointed by the Union government. However, according to Article 370, the Governor must be advised by the Council of Ministers of the State or the Constituent Assembly of the State, neither of which was operative at the time of the presidential order.

2- Under Article 352 of Indian constitution, the president was not authorized to enforce emergency in State of Jammu of Kashmir but under Article 360 of Indian constitution, He was entitled to declare emergency only in state of war in State of Jammu and Kashmir.Besides, under said Article the Central government of India has power to enforce financial emergency in whole India except State of Jammu and Kashmir due to Article 370 of its constitution which restrained Indian government to take any step in this connection in the said region.

3– The inhabitants of State of Jammu and Kashmir have dual nationality of India and Kashmir but no Indian was entitled to get permanent citizenship of State of Jammu and Kashmir under Article 370 of Indian Constitution.

4- Under Article 370,except defence, communication and foreign affairs,The Indian Parliament was subjected to the approval of legislative assembly of State of Jammu and Kashmir in order to enforce any law passed by Indian Parliament within the said region.

5- Under Article 35A, No indian was entitled to purchase  any land or property in State of Jammu and Kashmir but after removal of said Article, All Indians are legally entitled to acquire land or property in said region.

6- Under aforesaid Article, Only state subject has right over government jobs while Indian were abstained from holding any position as a government servant in State of Jammu and Kashmir.

7- Prior to removal of said Article, All scholarships and quata seats of State of Jammu and Kashmir were availed only by its people.Moreover, before removal of Article 35A, Indians were unauthorized to take part as well as caste votes in elections of State of Jammu and Kashmir but after termination of said Article , the continued custom abolished itself.

Apart from the aforesaid, the atmosphere of deprivation created by India in Kashmir has badly damaged the cause of Kashmir and grossly violated the UN Security Council’s resolution adopted with unanimous consensus on 21 April 1948 whereby India was asked to appoint a plebiscite administrator nominated by United Nations who would conduct a free and impartial plebiscite.Notwithstanding aforementioned instructions of UNSC, India being reluctant and disobedient to execute the same motivated arbitrarily to handle issue.

Nonetheless, it will neither be in favour of Pakistan nor Jammu & Kashmir, if the former incorporates both the regions AJK & Gilgit-Baltistan in its constitution by making them a part of its territory; it will be tantamount to deterioration of the rights of the people of Jammu and Kashmir, who have sacrificed thousands of lives, with the aim of either forming an autonomous state, or becoming a part of Pakistan.

Moreover, despite being the victims of Indian barbaric and inhuman behavior, overwhelming majority of the people of the State of Jammu & Kashmir has been showing willingness to become a part of Pakistan. It is no coincidence that the slogans of Kashmir Banay Ga Pakistan rages under the barrels of the Indian guns, and under the barrages of Indian bullets.

I, being a Muslim, strongly believe in Allah Almighty that the slogan will become true, and the people of Kashmir will be able to establish their relationship with Pakistan, exclusively based on Kalima.