2019: Kashmir’s dark year

 

2019 remains to be one of the darkest years in Kashmir's recent history in which Kashmiris witnessed an ugly face of India’s neo- colonialism and its consequences that have manifested on the ground in many striking ways. The year saw the loss of Kashmir’s special status guaranteed to it under article 370 of the Indian constitution and dissolution of the state into two union territories under the so-called Jammu and Kashmir reorganization act 2019. The secretly drafted Act, rightly censured as an act of colonization, was introduced and finally passed by the Indian parliament without any prior consultation with main stakeholders i.e. Kashmiris. Not taking into account the constitutional, legal and above all the international aspects of Kashmir dispute, the decision to robe Kashmiris’ of their identity was implemented and executed in a dangerously authoritarian way by the fascist authoritarian regime led by Narendar Modi regime, which unabashedly portrays India as a democratic state. Before embarking on its colonial project the Modi government in a brazen violation of the international law subjected the Jammu and Kashmir State and its entire population under severe military lockdown; people were virtually caged in their houses, political leadership of all sorts was either arrested or detained in their own homes; all means of communication were cut and a complete media shut-down was enforced in the region. Thousands mostly the youth were arrested, a curfew and internet blackout was imposed, and even several journalists associated with local and international media outlets were detained under the PSA for covering the incidents of violence taking place in the valley. Members of civil society, intellectuals, lawyers and academicians were taken into custody to ensure a grave-yard silence in the region.

As far as the abrogation of the article 370 is concerned the integration of Kashmir into mainland India was the BJP’s government’s core agenda. But the fact remains that ever since the provision was incorporated in the Indian constitution several attempts were made to do away with this constitutional provision, which guaranteed special status to the state. Over the years the successive central governments of India extended a number of Constitutional Acts and amendments to the state, which had practically rendered the article 370 redundant and ineffective. After the 1954 order, more than 40 subsequent presidential orders have been issued to make various provisions of the Indian Constitution applicable to J&K.

Under Article 370 the State of Jammu & Kashmir was promised full autonomy over internal matters except for defense, foreign affairs, currency and communication. It allowed the state to have its own constitution, a separate flag and legislature.  Under this constitutional arrangement India Parliament had a limited role with regard to Kashmir. The article as mentioned above has undergone many changes over the past several years, which had rendered it toothless but the article 35-A that derived its validity from article 370 had remained unchanged over the years. It is this article that as a matter of fact has served as a stumbling block in the way of India’s settler colonial project. Since it protected the state’s distinct demographic character a conspiracy was hatched to remove this constitutional barrier to pave a way for settler colonialism in J&K. The history of Jammu and Kashmir bears testimony to the fact that the special status given to the State under article 370 has been a greatest eyesore for the Vishwa Hindu Parishad, BJP and other Hindu-supremacist groups who believed in the Hiduvata ideology. According to renowned Indian author and constitutional expert A. G. Noorani, these groups vehemently opposed the idea of granting any special position to Jammu and Kashmir and demanded full integration of the state in the Indian union. It is this extremist mindset that actually led to the forced integration and bifurcation of the disputed territory soon after the BJP assumed power for the second time.

The revocation of article 370 and 35-A have stoked fears of demographic and cultural change in Kashmir and the people in the disputed territory are genuinely concerned that they might be turned into a minority in their own homeland. After stripping the territory of its autonomy, a series of new laws including the redefinition of the state’s domicile law, the Media Policy 2020 and now the amendments to the control of building operations act, 1988, and the J&K development act, 1970 speak volumes about Indian government’s mala-fide intentions and its dangerous designs viz-a-viz Kashmir.

Apart from constitutional aggression against Kashmiris, the continued bloodshed, killing of youth, political violence and policy of land grab points to a systematic genocide that has been going on in the restive region.

What has been actually going on in the besieged valley since 5^th of August? And how this so-called reo-organization act had affected the lives of common Kashmiris?  A biannual report produced by Association of Parents of Disappeared Persons (APDP) and Jammu Kashmir Coalition of Civil Society (JKCCS) takes the lid off the caldron of crimes the Indian state have committed against the Kashmiris during this period of utmost chaos and confusion. The report while giving the harrowing account of tragic incidents of violence in the region said that since 5^th August 219 the people of the disputed territory have witnessed death and destruction and abuse of human rights violations at the hands of occupied authorities.

Summarizing the situation in the held territory the report reveals that from January 1 to June 30, at least 107 Cordon and Search Operations (CASOs) and Cordon and Destroy Operations (CADO’s) were conducted in J&K which have resulted in the killing of 143 resistance fighters. The report said that during CASOs and encounters, vandalism and destruction of civilian properties was reported. In the first six months of 2020, the report said that media continued to be at the receiving end of the pressure, intimidation and harassment by the occupation authorities, with several incidents of beating and thrashing of journalists. Besides physical assaults, few Kashmir based journalists were also booked under stringent charges and cases were filed against them.

Regarding Indian government’s bid to curb social media it said that 55 instances of internet blockades were recorded from January 1 to June 30 2020. Referring to digital rights group Access Now, the report said that the internet blackout in Kashmir which started in August 2019 was among the world's longest internet shutdowns implemented.

During these days of turmoil the report further pointed out that destruction of civilian properties by armed forces personnel saw an uptick after the COVID-19 lockdown enforced by the Indian government, rendering many families homeless and without shelter.

Referring to the black laws enforced in the region it said that the draconian Unlawful Activities (Prevention) Act (UAPA) on the other hand was excessively used by the Indian state to curb dissent and opposing views.

 

The relegation of J&K from a state with special status to a separate union territory it said was yet another attempt to give a direct control on the territory and more powers to the central BJP-led government via the appointment of Lieutenant Governor.

Under the so-called Jammu and Kashmir reorganization act, which came into effect on October 31, 2019 the Indian government had extended/amended/promulgated a series of new laws to change the entire nomenclature of the state. A total of 106 central laws have been made effective in the newly formed Union Territory of Jammu and Kashmir. Whereas, the Indian Ministry of Home Affairs (MHA) amended 109 laws and repealed 29 laws of the erstwhile State of Jammu and Kashmir. The MHA also amended a 2010 legislation, the Jammu and Kashmir Civil Services (Decentralization and Recruitment Act), by substituting the term “permanent residents” with “domiciles of UT [Union Territory] of J&K.”

Redefinition of domicile for the citizens of the state that mirror’s Israel’s settler colonial blueprint reflects the Indian state’s motive behind the abrogation of article 35-A. Under this law, those who have resided for a period of 15 years in Kashmir are now eligible to become permanent residents. It also provided domicile status to the children of central government officials who have served in Indian-held Kashmir for a total period of 10 years7 and to those who are registered as migrants by the Relief and Rehabilitation Commissioner (Migrants). According to new rules “17.4 lakh people can certainly acquire domicile rights, which constitute roughly 14% of J&K’s population of 1.23 crore in 2011.

With the promulgation of the new domicile law settler colonialism project has virtually been put into operation, as New Delhi is said to have issued over four lakh domicile certificates to non-Kashmiris.  The independent observers, political and rights activists all over the world have voiced serious concerns over Indian government’s actions saying that the new Domicile Law could permanently alter the demography of the disputed region.

According to the JKCCS report, the new domicile law is in violation of Geneva Convention and ICRC provisions, as the law by its intent, seeks to alter the demographic make-up of the disputed region by unilateral imposition of demographic changes and thereby can be read as possessing ‘genocidal intent”.

In addition the State of India is already working on a dangerous plan to make demographic changes in the Valley.

A: Establishment of Sanik colonies in various parts of the Valley wherein retired officers and soldiers of Indian Army and its paramilitary forces will be settled. These officers and soldiers from various parts of India will get legality under the new laws of the domicile under which anyone who has served in IoK for a period of over 15 years will get Kashmiri nationality. 

B: 17000 kanals of land has been allotted for making fortified colonies for the Kashmiri Pandits who were forced by Indian Army and Governor Jagmohan in 1990s to migrate to India.

C: Hindu migrants from West Pakistan will be settled in various parts of the Valley. These Hindus are residing in Jammu since they migrated in 1947. As per new amended laws of the domicile, these Hindus fulfil the criteria to have Kashmiri domicile. 

D: Over 800 kanals of land on the north of Srinagar has already been allotted for Shri Amarnath ji Shrine Board. This forest land is meant to settle the Hindu population from various parts of India. In the garb of Hindu shrine, this all is meant for the demographic changes in the valley, which have over 95% Muslim population.

Since the issuance of new domicile law, as many as 32,000 applications were filed in 10 districts of the Hindu majority Jammu region in the south. The highest number of 8,500 certificates has been issued in the Doda district, which has a delicate demographic balance, with Muslims comprising 53.81 percent and Hindus 45.76 percent. Up to 6,213 domicile certificates have been issued in Rajouri district, which has 62.71 percent Muslim population. Authorities have distributed 6,123 residency certificates in Poonch, a border district comprising 90.44 percent Muslim population. In the Kashmir region, which is about 96.4 percent Muslim population, 435 certificates have been issued so far, out of the total 720 applications.

All these actions and decisions taken by the Indian state are akin to the Israeli style settlements in Palestine.  Taken with a sinister design to facilitate massive settlement of Hindus from Indian in the state, the move is a flagrant violation of the 4th Geneva Convention and international law.

While the people in the occupied Kashmir continued to reel under the Indian state repression there have been some positive developments at the international level. It was for the first time that the UNSC debated and discussed the situation in Kashmir twice within a period of five months.  The European Union Parliament strongly condemned the move and called for a peaceful settlement of Kashmir dispute. Many international and regional human rights bodies excoriated the move and termed it as against the universally accepted principles of peace and justice.

However, the unfortunate part of this whole saga is that the influential world governments criminally neglected the Kashmiris who continue to suffer under multi-edged sword of Indian onslaught. How long will the civilized world watch the gory death of dance in the region is really a matter of serious concern but for the well-wishers of humanity it is high time to be a voice for voiceless Kashmiris and devote themselves for the good of suffering humanity in the occupied Kashmir.