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P-ISSN 2664-0422
Pakistan Social Sciences Review
July-September 2023, Vol. 7, No. 3
O-ISSN 2664-0430
http://doi.org/10.35484/pssr.2023(7-III)85
[1035-1046]
RESEARCH PAPER
Indian Hyper-Nationalism: Impacts on Jammu and Kashmir
1Dr. Saima Butt and 2Dr. Nadia Zaheer Ali
1. Assistant Professor, Political Science at Lahore College for Women University Lahore, Punjab,
Pakistan
2. Assistant Professor, International Relations, Lahore College for Women University Lahore,
Punjab, Pakistan
*Corresponding Author:
saimabtt.16@hotmail.com
ABSTRACT
A major feature that has come to characterise modern India is its hyper-nationalism,
which has had a significant effect on Jammu and Kashmir. The purpose of this study is to
draw attention to the BJP's extreme nationalism in relation to Jammu and
Kashmir.Following its confidence-boosting victories in the 2009 and 2014 elections, the
Bharti Janta Party formed a government in the centre and revoked Article 370 of the Indian
Constitution, ending the Kashmir Valley's autonomous status. This was followed by an
indefinite curfew in the valley. This study examined the constitutional measures that the
Indian government has implemented to integrate Kashmir into the Indian Union. The
ideology of hyper-nationalism has had a significant influence on a number of Kashmir-
related issues. This study used both historical and descriptive research methods,
supporting its conclusions with primary and secondary data.
KEYWORDS
Article 370, BJP, Hyper Nationalism, Kashmir
Introduction
Nationalist movements have become more prevalent worldwide since the turn
of the 19th century. The Treaty of Westphalia in 1648 established a new system known
as the sovereign state. Following World War, I, sovereign states supported a new wave
of ideas known as the nation state, which was motivated by nationalist feelings. Another
facet of nationalism was introduced with the end of World War I: extreme nationalism,
which was exhibited by Hitler and Mussolini's Germany and Italy. The tenet of
hypernationalism is "my nation will advance at the expense of other nations." Since the
BJP came to power in the state of Gujarat in 2001 and has been ruling the country since
2014, its rise has been linked to a hyper-national agenda. First supporting the Ayodhya
controversy in 1992, the BJP then sponsored the Gujrat riots in 2002. After the BJP won
the 2014 elections, they revoked Article 370 of the Indian Constitution, ending the
Kashmir Valley's autonomy (Yaseen, Muzaffar& Aslam, 2022).
The journey from sovereign state to modern nation state dates back to the
American and French revolutions in the late nineteenth century. The decolonization of
the world in the last half of the 18th century and the start of the 19th century increased the
number of nation-states on the world map. American and French states assured the right
to rule the state and the fundamental rights of the public under a written constitution
(Feinsteina, 2010).
Literature Review
Nationalism shapes itself into religious, conservative, liberal, communist, fascist,
cultural, political, protectionist, separatist, and integrationist modes as per the needs of
the given community. The term nationalism reflects psychological, cultural, political,
Pakistan Social Sciences Review (PSSR)
July-September 2023, Vol. 7, No. 3
1036
and sociological phenomena in different times. The term lacks a uniform understanding
for readers; however, Ernest Gellner defines it as a political idea, which helps to define
the term more clearly. Nationalism as a political phenomenon does not necessarily mean
the successionist movement in a state, number of times this may reflect the struggle of a
group for their demands within the state as the cost of independence is too high to stay
within the state (Moore, 2004).
There are three phases of nationalism in world history, starting in the 18th century
with the fall of church and empire rule and the creation of the national church in the
mediaeval period. The second phase started with the Vienna Congress of 1815–1914. The
closing days of the second phase were marked by World War I; it was a high time for
nationalist sentiments. The third phase began in 1914, and by the end of World War II,
almost 140 nations had gained independence from their colonial masters or alien rulers.
The fourth phase started with the end of World War II, when European states got their
liberation from the feudal setup and Afro-Asian countries were against their colonial
masters. Precisely, nationalism emerged as a challenge to the imperialist powers, which
not only shakes the colonial setup of imperial powers but also divides society into further
sections and introduces extremist trends into body politics (Khan, 1973).
Nationalism is a psychological concept, unlike the nation, and nationalism may
exist even under the foreign rule or an alien rule. It’s a social feeling under which people
cooperate with others in a given society. Historically this feeling highlighted when a
certain community undergoes political and economic deprivations or exploitations
either by foreign or local rule.
The term nation is used for those nationalities who became politically free and
governing all by themselves. Common destiny is the deriving factor of nation which is
achieved through long shared history and inspiring common future. Birth of the nation
is inspired by the common political, social or economic factors which motivates the
people to live together (Khan ,1973).
Nation is somewhat different then ethnic groups as for nation some political
goals and objectives are required whereas ethnic group if develops political aspiration
only then become nation. David Miller has mentioned five attributes requires for nation
these are common belief and commitment with it, shared history, residing in a particular
territory, distinct culture, and active as a community for its goals (Moore, 2004).
People identified themselves as a nation if they are politically of economically
alienated by authorities. Hence, they found commonalities like territory, religion,
political views or race to be called as nation, this particular feeling of cooperation.
Furthermore, nationalist struggle emerged, either against the state, for the state or by the
state. Many a times nationalist struggles are culture base, as it attracts masses and give
strength to the movement (Khan, 2005). A humble beginning of nation state takes the
shape of hyper nationalism under German dictator Hitler and in Italy by Mussolini.
In case of India hyper nationalism is initiated by the state to establish the
hegemony of majority group over minorities. Indicators of hyper nationalism in India
are indicated through its policies like abolishment of article 370 and 35(A) which grant
special status to Kashmir valley, Citizenship Amendment Bill (CAB), National
Registration of Citizens (NCR).
History of the Rise of Nationalism in the State of Kashmir
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Gulab Singh bought Kashmir from British and Jammu from Ranjit Singh,
collectively titled Jammu and Kashmir one of the largest princely states out of six
hundred states in India (Wolpert, 2010). The plan of 3rd June was to divide subcontinent
into two states India and Pakistan furthermore this plan laid down future of princely
states of subcontinent. Jammu and Kashmir is one of the 25 union state of Indian union.
Princely state who needs to decide its future, Maharaja Hari Singh initially did not want
to join either and want to continue their independent status. Tribal forces from Dir,
Waziristan and Khyber agency advances towards occupied Kashmir in October 1947 to
liberate it from Hari Singh, he sends Sheikh Abdullah to prime minister Nehru for help
but India government refuse any assistance before signing instrument of accession.
Hence, Maharaja signed the treaty of accession on 26th September 1947. Sheikh Abdullah
a Ali Gurah graduate who stood against Dogra Raj was appointed as emergency
administrator by Hari Singh on Nehru’s request (Masood & Muzaffar, 2019).
Primarily Kashmir valley is an ideological check for both states, Indian wants to
prove that it’s a secular state by in-cooperating Muslim majority valley in its territory.
Whereas Pakistan wants to establish its ideology that Islam is the base of creation of
Pakistan.
India had accepted the report of UN commission for India and Pakistan for
plebiscite in principle passed on 5 January 1949. Government of India instead of holding
plebiscite under UN resolution introduce electoral process in the area (Racine, 2005)
(Bajpai, 1994).
Ghandhi on his visit to Kashmir in 1947 and Nehru while addressing Indian
parliament in 1950 reflect their commitment to hold referendum in Jammu and Kashmir
to acquire the real will of people, however it was early year of occupation (Hilali, p. 2021).
Sheikh Abdullah formed the Muslim Conference in 1932 which was renamed as
All India J&K National Conference in 1939. Sheikh was the face of political struggle
against the Dogra Raj in the J&K. National Conference of Sheikh’s secular ideology
matched with all India National Congress secular ideology so Sheikh support affiliation
of J&K with India over Pakistan. He was appointed as Chief Minister (CM) of J&K by
Hari Singh in 1947. As a CM Sheikh met Nehru and Sardar Patel and agreed on Delhi
agreement, agreement laid down the political future of Kashmir. State of Kashmir was
given special status under article 370 of Indian constitution came into force in 1951. Hari
Singh step down from his position and his son Yuvraj Karan Singh takes the charge of
J&K, he admitted the application of Indian constitution (which was under initial stages)
in J&K in 1949 which allowed state to practice internal sovereignty however external
sovereignty (defense, communication and foreign policy) handled by Indian Union.
State had its own constitution and flag as well. Yuvraj Singh announced the first
constitution assembly of J&K and elections in September1951. J&K and Delhi
representative agreed on constitutional arrangement under Delhi declaration in 1952
approved by respective legislative assemblies in 1952. Kashmir got its first elected
assembly in 1953 and government of India insists that it’s a public represented body, no
need of plebiscite in the presence of public elected body. In the year 1954 the constitution
assembly of J&K approved its annexation to India. Indian President also issued 1954
order which carries article 370 and 35-A for J&K. First constitution came into force in
1957 and afterward elections were followed in the same year (Gupta, 2019).
However, the leader of the assembly Farooq Abdullah also presents his demand
of plebiscite in front of Indian government hence jailed for almost a decade. In the year
1957 Kashmir assembly come up with its own constitution and once again declare
Pakistan Social Sciences Review (PSSR)
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Jammu and Kashmir as an integral part of India (Wolpert, 2010, pp. 26-27).Government
of India justify elections result a support of people of Kashmir to stay with them.
Two eras of Indira Gandhi (1966-77, 1980-84) proved a dark period in Kashmir
history she sent troops in the valley who were armed with sophisticated conventional
weapons. Roads were blocked at different points and all adequate hotels in Srinagar
were captured by army for residence (Wolpert, 2010, pp. 26-27). Over the years National
Conference of Abdullah performed well in elections of 1977 and later 1982 and won
comfortable majority. There was a pre-election alliance between Congress and National
Conference which lasted for almost a year. In 1987 Farooq Abdulla government was
dismissed by Indira Gandhi on petty allegations. Governor of Kashmir was a Hindu
named Jagmonhan successfully earned the loyalties of Abdullah supporters in the
legislative Assembly of Kashmir henceforth reduced the powers of CM (Abdullah) later
dismissed the provincial assembly and imposed emergency (Wolpert, 2010, pp. 26-27)
.Two years of emergency came to an end only after change in government in India later
in the year 1987 Rajiv Gandhi made an alliance with Farooq Abdullah to gain support
for congress in the area. Government of Jammu and Kashmir played in the hands of
government back in Delhi. Local people in Jammu and Kashmir understand new Delhi
control over their local matters and develop resentment against them. The results of
Elections in Jammu and Kashmir are taken as managed one and this election engineering
took place in the area only. Era of 1980 is also marked with the rise of communal
sentiments Reshape the secular face of India mainly because politician attract public
through communal difference. Moreover, election engineering in 1987 election raised the
doubts of local educated youth represented by Yasin Malik and Shabir Shah who
performed as poling agents in election (Ganguly, 2005).
Election alliance was taken as a coward step of Farooq Abdullah by the local
youth. Abdul Ghani lone was young Muslim leader unable to win as police arrested his
voter from polling stations in the 1987 elections. In the year 1989 home minister of
Kashmiris daughter was kidnapped by JKLF(Jammu and Kashmir Liberation Front) and
demands release off all of their prisoner(Wolpert, 2010, pp. 65-69). Rigging of 1989
elections change the political perspective of young generation who lost their faith in
electoral process, they realize election results maneuverings can never enable them to
install their real representative who act according to their wishes.
Article 370 and 35(A) of Indian Constitution
The first constitutional assembly of Kashmir passed an article 370 which award
special status to Kashmir as an autonomous region in an Indian Union and this status
cannot be reversed, furthermore, they can make their own constitution. External
sovereign matters like foreign relations, finance, communication and defense will be
looked after by the Indian government and all other internal sovereign matters will be
dealt by the government of Jammu and Kashmir (Sameer P. Lalwani, 2020). In the year
1952 a document of citizenship named as an Article 35(A) was signed between PM Nehru
of India and PM Jammu and Kashmir Sheikh Abdullah. This article was securing the
population percentage of local people by disallowing property purchase in Kashmir
other than local people. This article also makes it clear that if any Kashmiri women
married outside the valley her property rights will be ceased. Act aimed to protect the
demographic of the areas. However similar law is also applicable in state of Himachal
Pradesh, Uttarakhand and Punjab(North) (Hilali, 2021). Indian constituent assembly was
titled as legislative assembly as it finished its task of constitution making in 1952. Indian
supreme court in its decision given in 2018 declared that article 370 in an integral part of
constitution as constituent assembly dissolved in 1952. (Fitri Adi Setyorini, 2020). Article
Pakistan Social Sciences Review (PSSR)
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35(A) was ratified by the president of India in 1954 and later it became part of Jammu
and Kashmir in the 1956 constitution.
Legislative assembly of Indian Occupied Kashmir (IOK) has right to make laws
on all matters expect those surrendered in favor of Indian government, moreover
had its own flag. This makes Indian union orders invalid over J&K.
Under article of permanent resident laws, approved in May14th, 1954 local
people enjoy special property rights under article 35(A) and 370. Non-permanent
resident and women married outside IOK were debarred property rights
(Bhardwaj, October 2019). Double citizenship laws were adopted in J&K and, If
local women marries non Kashmiri person she will lost their J&K citizenship.
Indian citizen from other states requires passport or special permission to enter
into J&K (Farooq, 2020)
State of J&K added into Indian Union under special circumstances hence
required special arrangements. As per practice J&K constitution regarding article 370
cannot be amended and center cannot amend article 370 without the prior approval of
J&K constituent assembly which was ceased in 1957. The only way to deal with article
370 is to amend the Indian constitution. However, government of Indian issue various
presidential orders to delimit the spirit of article 370 (Bhat, 2019).
Article 370 was further modified under the presidential order 1950 with title of
constitution order, it elaborates the Indian union jurisdiction over J&K. this order
explains the Subjects come under union parliament legislation (mainly already
mentioned in the instrument of accession with some addition.
Delhi Agreement 1952
was another understanding over article 370 it states that
under Dehli agreement the sovereignty area of union was as given in instrument
of accession whereas all other matters come under the jurisdiction of the state.
Unlike the other states of Indian union residuary powers rest within J&K.
Govt. of India agreed that J&K was allowed to had its own flag besides union
flag.
Supreme Court of India was taken as board of judicial advisor by the state of J&K
and court has an appellate jurisdiction for time being.
Regarding citizenship matter it was agreed that those locals who bear domicile
of J&K are also taken as citizen of India however, J&K assembly has right to
legislate laws related with the special rights and privileges of state subjects. (Tariq
Ahmad Rather, 2020).
Other matters discussed in Delhi agreement deals with the residuary power that
can be transferred to Indian Union parliament after state assembly approval.
Uniform citizenship in J&K like other states of Indian union
The presidential order of 1950 and 1954 empower Union parliament to make laws
that comes under union list and president to apply union constitution provisions to J&K
in concurrence of state government. The drafter of agreement deliberately adds words
Pakistan Social Sciences Review (PSSR)
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of concurrence and consultation to empower union over J&K. Furthermore, article 352
in Indian constitution empower president of India to announce emergency under special
circumstances like war or external interference
Major changes were brought into J&K status when J&K constitution was
amended in 1965 which replace the title of Sardar-i-Riyasat and prime minister with
governor and chief minister. Previously Sarad-i- Riyasat was elected by the total majority
of elected members of J&K legislative assembly and was permanent resident of state and,
25 years of age. Title of maharaja was ended in 1952 and new title sardar Riyasat was
introduced. New qualification of governor that he is citizen of India and fulfill the criteria
laid down for the governor of the Indian union. Now anyone can become governor of
state.
Kashmir Accord 1975
Kashmir Accord of 1975 further reduced the powers of J&K assembly and
strength the hands of the Indian Union, it re-ensure authority of Indian Union and
mention that Kashmir shall continue to be governed under article 370.Under the accord
Indian parliament has given the power to legislate and deal with matters with effects the
unity of the Union like secessions from the Indian Union, disrupting union sovereignty
by any means or insult to Indian flag, anthem and constitution. Any provision of Indian
constitution will be applied to J&K after adaption and modification but that practice also
reversed and constitutional provision applied as its approved under presidential order
article 370.
Forty-two presidential orders have been passed related to Article 370 since 1950,
1952, 1954, 1965, 1975 till 1986 which changes the nature of original article except one.
Originally article 370 cannot be amended without constituent assembly of J&K approval
which ceased in 1952. Second option in amendment was Indian constitution which can
be presented for judicial review. Emergency cannot to imposed in internal disorder and
financial grounds it can only applicable under external aggression and war. (Hoskote,
2017). Changes incorporated in the article 370 not only limited the power of J&K
assembly but on the other hand it extended the powers of Indian parliament over the
state. Presidential orders deal with all India services, judicial regulation under Indian
constitution, imposition of emergency and central bureau of investigation practically put
J&K state under union control. Indian union opted double standard while dealing with
J&K state as for the Indian Punjab constitutional amendment were made whereas for
state of J&K merely presidential orders were passed and imposed (Rather, 2020).
Kashmir Under the Rule Of Bharti Janta Party
BJP showed its commitment since it formed its government in center in 2014 to
end the special status of J&K and bring it in under Indian Union like other states.
Returning into power in 2018 BJP introduce presidential order ending the article 370 a
basic agreement between J&K and Indian Union. Narendra Modi the prime minister of
India showed his commitment to absorb J&K into Indian Union which integrates state of
India as a country. Narinder Modi promotes nationalist policies and intended to create
one nation agenda (Masood, Sultana& Muzaffar, 2020; Hilali, 2021).
BJP was in alliance with people’s democratic party of J&K government but it
withdrew its support in 2018 resulted in resignation of CM Mehbooba Mufti. In June
2018 governor rule was imposed by governor of J&K. In November governor suspended
the state legislative assembly under charges of horse trading in the elections. In the
Pakistan Social Sciences Review (PSSR)
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1041
month of December on the report of governor of J&K president of India imposed
president rule in J&K for six months in July 2019 it was extended for further six months.
In August president of India issued constitution order and suspend article 370 and
absorb J&K under the Indian Union (Gupta, 2019).
In the year 2018 BJP government brings in number of changes through
presidential orders in the constitution to further change the nature of article 370. The
president of India replaces the phrase of constituent assembly of state into state
legislative assembly in article 370. At that time Jammu and Kashmir state legislative
assembly was suspended hence governor was authorize for all decisions. In 2019
elections BJP once again returns to power in the center and this time they fulfill their long
commitment and abrogate article 370 hence, ending special status of Jammu and
Kashmir. In the August 2019 presidential order and reorganization Bill was floored on
Rajya Sabha got approved with 67% votes from upper house and Lok Sabha approved
the bill with 86% of votes. Bill got the support by BJP and its allies parties (Aam Aadmi
Part, Biju Janata Dal, Bahujan Samaj Party) (Fitri Adi Setyorini, 2020).BJP top leadership
welcome this action of government which in-fact was the strong demand of BJP right
wing faction. However, Indian national congress, Left Front, Peoples Democratic Party,
National Conference oppose the decision. Amit Shah and others with same views
welcome this decision and stated Nehru historic wrong is made right by BJP. On account
of abrogation Kashmiri political and civic leadership started protesting, however, Indian
government increase number of soldiers in the area as well as political leadership was
either house arrested or put behind bars. Curfew was imposed in the area for no definite
time period. Communication means were cut down and Jammu and Kashmir practically
became no go area (Hilali, 2021).Kashmir valley is already a high military zoom with the
abolishment of article 370(A) BJP government deploy 50000 more troops in the area to
manage the reaction of people after Indian Union action (Muhammad Sabil Farooq,
2022).
Reaction of Kashmiri Leadership and International Community on Abrogation of
Article 370
Earlier, Mehbooba Mufti the daughter of late Mufti Mohammad Sayeed replied
on the comment about the possibility of abrogation of article 370 by Indian government
she said it’s the foundation of India and Jammu and Kashmir relation how it can be
dissolved in case it will it raise the revolt against the government back in Delhi.
Instrument Of Accession based on Article 370 abrogating means violating the core
agreement (Hoskote, 2017) (Rather, 2020).
Government of Indian before abrogation of article 370 arrest former chief
ministers of J&K including Omar Abdullah, Farooq Abdullah and Mehbooba Mufti
under the provision of public safety act. These Kashmiri leaders were once face of Indian
secular democracy. After the dismissal of article Farooq Abdullah issued a statement to
NDTV news channel that he had never seen such India (Rather, 2020).
International community response on issue was mix. In the United States of
America congress passed two resolution one talks about human rights violations and
other on communication blockade and detention of local people at massive level from
November to December 2019. In the year 2020 US foreign affair committee issued a letter
showing concern over situation in Kashmir.
European union foreign minister Federica Mogherini in his meeting with Indian
external affair minister Jaishankar stressed on India and Pakistan to hold dialogue on the
Pakistan Social Sciences Review (PSSR)
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issue and seek joint solution of the problem, furthermore ask govt of India to restore
human liberties by ending restriction in the valley. Twenty-seven EU, MEPs most from
the right wing visited Kashmir valley over the invitation of government of India and
showed their satisfaction about security situation of valley however, there views do not
count as they already support government decision of abrogation. Another visit of 15
foreign envoys of fact-finding mission held in January 2020 including US ambassador to
India Mr. Kenneth visited the valley. In 2020 resolution was moved in EU assembly
condemns Modi government actions under citizenship amendment act in J&K. EU gives
time to Indian government to take action to normalize situation, later a 25 foreign
diplomats and MEPs from EU visited Kashmir in February 2020 and report back
positively, that government of India takes positive measures to normalize the situation.
UN high commissioner Michelle Bachelet for human rights reported in
September 2020 about growing concern over security and restriction on media in
Kashmir valley. Report was not significant because it generally talks about human rights
condition in India and Pakistan. Australia and Germany showed their faith in Indian
democracy and wished that this issue was addressed in an appropriate manner under
democratic government of Narendra Modi (Sodhi, 2021).
Human Rights Situation in J&K Before And after Imposition of Article 370
Human rights violation has been recorded over the years in occupied Kashmir.
To control people of Kashmir the Indian government specially passed various act like
Armed Forces Special Power Act (AFSPA )of 1990 and Public Safety Act (PSA) only for
this area under which civilians are trailed. To carry out special acts almost 700000
military and paramilitary forces are deployed in the valley like Indian Police, Central
Police Force, Border Security Forces(BSF) and men from Indian army. Protracted conflict
in Kashmir started from 1989 coupled with sporadic violent incidence which hits the
infrastructure of valley. In the era 1990s government of India announced shoot at sight
orders as a counterinsurgency, resultantly hundreds of locals in J&K lost their lives.
There were faction of politician like Jagmoham(1990)who supported gunshot over
dialogue hence there was support of such violent act within the system (Wolpert, 2010,
pp. 26-27). After 1989 human rights violations were quite high as given below
Table 1
Human Rights Violations in Kashmir 1989
Killing
Injured
Pellet injuries
Disabled
Disappeared
115000
11000
1800
5000
10,000
Source (Hilali, 2021)
Indiscriminate killing of young people filled their hearts with hatred for Indian
authorities. One such example of youth icon Burhan Wani a freedom fighter who joined
the league of fighter after killing of his innocent brother. Burhan Wani assassination in
2016 light up a new wave of independence in the occupied area (Hilali, 2021).
In 2008 again violence erupts in Kashmir when congress led provincial
government allocated 99 acers of land in Kashmir to build Amarnath shrine in
Amarnath. This protest only comes to an end once the government take back its decision.
In the election of 2009 congress formed its government in center and Manmohan Singh
take Abdullah in his cabinet as minister of renewable energy and his son Omer Abdullah
as cm of Srinagar to portray a harmonious relation between center and valley. (Wolpert,
2010, p. 92).
Pakistan Social Sciences Review (PSSR)
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In the continuation of snubbing voices raised from Kashmir valley government
of India suspended internet facilities 54 times from I January to 4 August 2019 also with
suspended land line connection of communication. Government of India observed
criminal procedure act under section 144 in valley since August moreover, routine life of
citizens suspended in the valley. Supreme Court of India in January 2020 asked the
government to publish all the orders which were observed under criminal code sections
afterwards only few restrictions were lifted specially freedom of movement. However,
gathering of four and more people was restricted. India is the member of UDHR
(universal declaration of human rights) and had to adhere its obligation to provide rights
and liberties in the areas under its jurisdiction.
From general public to political leadership Indian government ensure no voice
against its action can be voiced so the three main stream political leaders Mehbooba
Mufti, Umer Abdullah, and Farooq Abdullah were detained without giving justification
of detention. Along with this nearly 4000 people from all walks of life including students,
artist, journalist lawyers, businessmen, activist was illegally detained. This action was
violation of UDHR and international covenant on civil and political rights article 9. In
2018 Supreme Court of India rejects the option of abrogation of this article from the
Indian constitution
Juvenile committee of high court in Jammu and Kashmir received a petition
which reflects that 144 minor were arrested since august 5, 2019. Field studies claim the
number was bigger then mentioned in the petition, boys age range from 14 to 15 years
were also tortured which was the violation of convention on the right of child 1990 article
37, India ratified the convention on December 1992. Judiciary in Jammu and Kashmir
showed delay in hearing cases, as cases were not filed by the police department hence
people were not able to file a case in judiciary. Cases filed under hibiscus corpus act was
412 by 5 August 2019 (Khan, 2021).
Asian watch reported in 2020 reflects that torture, rape, illegal detention are
regular weapons in the hands of army to control civilians. Amnesty International in its
2020 report highlights mass grave yard issue in occupied Kashmir but Indian
government was not interested in its investigation. (Wolpert, 2010, pp. 26-27).
An analysis of locals' opinions regarding the repeal of Article 370
People in Jammu and Kashmir, particularly the youth, have suffered mentally
from the prolonged strife in Kashmir for the past 70 years. The article's abrogation
further erodes their faith in the Indian Union. In an article by Bilal Ahmad (2019), reflects
the results of survey conducted from the students of various universities in Jammu and
Kashmir reflects results that youth had no faith in their Kashmiri politicians, 53.3 percent
of them believe that its politician who were responsible for Kashmir present situation.
Survey shows that 37% of youth rejects the idea that Indian supreme court can do
anything with parliament decision of abrogation. Majority responded reported that the
cause of Kashmir conflict in their view was torture which was faced by their relatives.
Security of life of the people in Kashmir was another threat in the hearts of the local
people. Response of 387 students in a survey reflects that Kashmiri people health
(physical and mental) effected due to the prolong armed conflict in the area. Youth
believes that abrogation of article 370 intensify the conflict resulted in further instability
in the area (Bhat, 2019).
Conclusion
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The Indian government has been gradually diminishing Jammu and Kashmir's
unique status since the 1950-1986 and the abrogation of Article 370 was the last nail in
the coffin. In 2019, the special status of Kashmir was dissolved. The Indian Union
Government, based in Delhi, has always had the upper hand in local leadership.
Election-related manipulation and the establishment of a government in Kashmir backed
by the Dehli community caused many in Jammu and Kashmir to lose faith in the
democratic process. The legitimacy of Indian Union authority in Kashmir is also called
into doubt by the state of human rights and the state of law and order there.
The India Union Constitution states that India is a secular and democratic state.
However, modern democracies focus on granting citizens greater freedoms and
rights, not on traditional democracy. The Indian government has taken immediate
action to put an end to the violations of human rights in Kashmir.
Since 1948, the Indian government has maintained considerable military and
paramilitary presence in Kashmir to maintain control over the situation. Apart from
the Indian government's claims, Kashmir had not been experiencing any good news.
The local population may become less fearful if there are less armed personnel
around.
The Indian government has to start including the authentic Kashmiri representative's
voice in the region's decision-making process. A citizenship act in accordance with
the Indian Union's initial commitment and the reinstatement of Kashmir's special
autonomy status might both improve the region's circumstances.
Keeping the Kashmiri people out of the resolution process will not help to allow a
resolution of the dispute, as they are the main party involved.
It is imperative that the international community pay attention to this ongoing
dispute and find a solution. If this problem is not resolved, there will be a lot of
conflict and violence in this area.
Pakistan Social Sciences Review (PSSR)
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References
Bajpai, S. G. (1994). India and the Crisis in Kashmir. University of California Press, 34(5),
401-416.
Bhat, B. A. (2019). A Study on Jammu and Kashmir Present, Past and Views of Students
on Article 370 Abrogation. International Journal of Latest Research in Humanities and
Social Science, 2(12), 1-11.
Farooq, N. F. (2022). India, Pakistan Dispute over the Kashmir Issue and the Current
Situation after Articles 370 and 35A. University of Wah Journal of Social Sciences, 5(1),
35-54.
Feinsteina, A. W. (2010). The Rise of the Nation-State across the World, 1816 to
2001. American Sociological Review, 75(5), 764-790
Ganguly, S. (2005). The Islamic Dimensions of the Kashmir Insurgency. In C.
Jaffrelot, Pakitstan Nation, Nationalism and the State (pp. 179-190). New Delhi:
Vanguard.
Gupta, A. (2019). The Story of Jammu and Kashmir an Interpretation of Article 370 of the
Constitution of India. 8th Annual International Conference on Law, Economics and
Politics (pp. 28-45). AICLEP.
Hilali, A. (2021, July-Dec). Kashmir Combustible Region: Abrogation of Article 370 & 35-
A and its Grave Implications. Journal Of Indian Studies, 7(2), 247-268.
Hoskote, V. A. (2017, May 4). Jammu & Kashmir & The Politics Of Article 370: Seeking
Legality For The Illegitimate. International Journal of Social Sciences, 3(1), 813-835.
Islamabad Policy Research Institute,(2020). Kashmir Fact Sheet 1947-2020 The Indisputable
Facts. Islamabad: IPRI.
Jaffrelot, C., Talbot, I., Samad, Y., Nasr, S. Vali Reza, Abou Zahab, M., Shafqat, S., Roy,
O., Dorronsoro, G., Ganguly, Š. Kumar, Racine, J., Grare, F., Waseem, M., Blom, A.,
& Lafrance, P. (2005). Pakistan : nation, nationalism and the State. Reprint Lahore:
Vanguard Books.
Kanjwal, H. (2019). State Violence and Youth Resistance Perspective from Indian-Held
Kashmir. In Z. N. Ali Raza, Political Violence in South Asia (pp. 117-133). London:
Routledge.
Khan, A. (2005). Politics of Identity Ethnis Natioanlism and the state in Pakistan. London:
Sage Publications.
Khan, D. S. (1973). Two Nation Theory- As A Concept, Strategy and Ideology. Karachi: Royal
Book Company
Masood, H. & Muzaffar, M. (2019). Kashmir Conflict: A French Perspective, Orient
Research Journal of Social Sciences, 4 (I), 158-172
Masood, H., Sultana, M., & Muzaffar, M. (2020). No Modus Operandi for Seeking
Solution to Liberate Kashmiri Muslims. Pakistan Social Sciences Review, 4 (I), 167-178
Pakistan Social Sciences Review (PSSR)
July-September 2023, Vol. 7, No. 3
1046
Moore, M. (2004). The Ethics Of Nationalism. New York: Oxford.
Muhammad Farooq, U. J. (2020). Suspension of Article 370: Assessment of Modi’s
Kashmir Masterstroke under Hindutva Ideology. Global Political Review, V(I), 1-8.
Racine, J.-L. (2005). Pakistan and the Indian Syndrome: Between Kashmir and the
Nuclear Predicament . In C. jaffrelot, Pakistan Nation, Nationalism and the State (pp.
195-227). Delhi: Vanguard.
Rather, G. M. (2020). Abrogation of Article 370 of the Constitution of India: Socio-
Economic and Political Implications on Jammu and Kashmir. International Journal of
Research and Analytical Reviews, 7(3), 501-517
Robina Khan, M. Z. (2021). Moving towards Human Rights Castastrophe:The
Abrogation of Article 370 in Kashmir Valley. Journal of Muslim Minority Affairs, 41(1),
78-85
Sameer P. Lalwani, G. G. (2020). India’s Kashmir Conundrum: Before and After the Abrogation
of Article 370.Washington, DC : US Institute of Peace .
Setyorini, T. A. (2020). The Revocation of Kashmir’s Special Status by Narendra Modi
Administration in 2019. Nation State: Journal of International Studies, 3(2), 130-155.
Sodhi, J. (2021, May). The Article 370 Amendments on Jammu and Kashmir: Explaining the
Global Silence. Observer Research Foundation
WERLIN, J. S. (1939, December). The Pathology Of Hyper-Nationalism. Wiley, 20(3), 300-
311.
Wolpert, S. (2010). Continued Conflict and Cooperation? India and Pakistan. England:
University of California Press.
Yaseen, Z., Muzaffar, M. & Aslam, H. (2022). Bhartiya Janata Party (BJP) and Minorities
in India: It’s Impacts on Secular Status of India, Journal of Indian Studies, 8(2), 215– 226
