Ashfaq Wani
On August 5, 2020, the abrogation of Article 370 and 35A marks its first so-called anniversary. On this same day last year, the BJP led government abrogated provisions of Article 370 and broke the erstwhile state into two union territories Jammu Kashmir and Ladakh. The decision of abrogating the contentious Article 370 was not so easy and It took a massive groundwork for Union government and play the tough psychological game in Kashmir before the bill was produced in the Parliament on 05 August last year.
The situation before the D-day led to confusion and chaos in an entire Jammu and Kashmir and unprecedented events began to unfold that hit badly the people of erstwhile state psychologically. Here I bring you an entire anecdote that unfolded in Jammu and Kashmir and its subsequent impact on the socio-political situation of Jammu and Kashmir in the last one year.
25 July 2019: Omar Abdullah while addressing his workers in party convention at Eidgah said that the Government of India must wait for Supreme Court’s final verdict on Articles 35-A & 370.
26 July 2019: India while celebrating its 20 years of Kargil war victory, Defense Minister Rajnath Singh while paying tribute to Kargil fallouts said that Pakistan can neither fight a full-fledged nor a limited war with India.
27 July, 2019: Kashmir gets gripped with panic and fear when Union Home Ministry orders deployment of 10,000 additional paramilitary forces personnel to the erstwhile state for maintaining “law and order situations” and “strengthening counter-insurgency grid”.
The additional deployment of security forces triggered chaos and panic among people. The then Law and order Additional Director General, Muneer Khan termed the move as “routine exercise”.
On the same day the former Chief Minister, Mehbooba Mufti’s tweet reads “Centre’s decision to deploy additional 10,000 troops in the valley has created a fear psychosis amongst people. There is no dearth of security forces in Kashmir. J&K is a political problem which won’t be solved by military means. GOI needs to rethink & overhaul its policy”
28 July 2019: NC President Dr. Farooq Abdullah while addressing his party workers at Saloora in Central Kashmir’s Ganderbal district said, “The NC will not allow any changes in the demography of the state and any attempt to dilute Jammu & Kashmir’s unique identity will be resisted”
On the same day, PDP’s party president, Mehbooba Mufti while addressing a function in the summer capital on the party’s 20th foundation day function said in a stern warning to New Delhi, “I want to tell the central government that any tinkering with Article 35-A will be like setting a powder keg on fire. It will have such disastrous consequences that nobody would be able to control. If any hand tries to touch Article 35-A, not only that hand, but that whole body would burn to ashes”.
Meanwhile, on the same day, Er Rasheed, MLA Langate while addressing a press conference said the Kashmir’s mainstream political parties will perish if Article 35A gets scrapped.
29 July 2019: Amid all chaos, panic, and fear among masses in Kashmir, GOI breaks its silence on the deployment of additional security personnel in Kashmir.
The then J&K Governor’s advisor on security affairs, K Vijay Kumar said the deployment was a “deliberate and a circulated response to the need of security grid.”
On the same day, Mehbooba Mufti urges Dr. Farooq Abdullah to convene all-party meet so as to get united and fight back if scrapping of the article was the motive behind the new developments in Kashmir. In response NC president endorses Mehbooba’s call for All Party Meet.
Apart from political developments, Govt. on the same day had ordered police to gather details of representatives of local masjids. The order took social media by storm adding to the rumours that “something big is going to happen”.
However, the police said that the order was a “basic policing activity” to update the in-house data of the masjids at the police station levels.
30 July 2019: The then Governor of the erstwhile state of J&K Satya Pal Malik while addressing the function at SKICC said, “Many rumours float here on daily basis but please do not pay heed to that. Everything is fine, everything is normal.”
Meanwhile, Omar Abdullah on the same day demands enquiry into “fake orders” that had surfaced on social media, leading to speculations that the centre might be moving to scrap Article 35-A of the Constitution.
31 July 2019: BJP’s National General Secretary, Ram Madhav lashes out at NC & PDP and accusing them of creating “war hysteria” to divert attention from drive against corruption. Also states that Modi Govt’s decision will be in J&K’s interest.
01 Aug 2019: On this day, NC delegation led by its president Farooq Abdullah met PM Modi and as per reports NC Leaders asked Modi not to take any steps that will worsen Kashmir situation.
02 Aug, 2019: Panic & fear engulfs JK yet again when the State government issued an advisory to Amarnath pilgrims and tourists to curtail their stay in Kashmir immediately.
Also, over 280 companies of security personnel were deployed in Kashmir.
03 Aug, 2019: With the increase in fear and chaos among people, the then Governor Satya Pal Malik said he had no information about any political move being planned on J&K. “Neither PM nor Home Minister confirmed to me any decisions about Article 35-A” said, Satya Pal Malik.
In response, Omar Abdullah said that the Governor’s word on J&K is not final and wants the central government to assure us about the same.
04, Aug, 2019: Amit Shah holds meeting with top security brass and is believed to have discussed the prevailing situation in Jammu & Kashmir.
On the same day, NC chairs all-party meeting; local political parties united to defend the state against all possible constitutional.
Farooq Abdullah cautioned the Government of India that fiddling with J&K’s special status, trifurcation, delimitation will be aggression against people.
05 Aug 2019: THE BLAST “Article 370 Abrogated”.
On August 5 2019 morning people of J&K woke up to a new reality; the state was bifurcated into Union Territory of J&K, and Ladakh, the erstwhile state was put under strict curfew, mobile, landline and internet services were barred, all mainstream political leaders were put under detention. BJP was celebrating its long-sought dream and contrary to that people of JK were mourning about the “Unconstitutional act by the BJP led government” that changed the history and geography of Jammu and Kashmir. While BJP is celebrating the abrogation of Article 370 and claims to have met the long-pending desire of the party, however, all local political parties are mourning its abrogation and refuse to accept the August 5, 2019, major decision by Modi government.
International Reaction
After the historic move to scrap the special status of J&K, India moved to brief other countries including the P5 about its decision.
India has indicated that the issue of Kashmir is an internal matter. The decision was carried out with the aim of providing good governance, promoting social justice and ensuring economic development in Jammu and Kashmir.
While Pakistan countered the Indian narrative and sought the support of various countries, including Islamic countries to rebuttal the Indian decision about Jammu & Kashmir’s special status.
The global response to the Indian government’s repeal of Article 370 has been relatively subdued. Here is a list of reactions from different countries to this decision.
Amnesty International’s Tweet about the scrapping of Article 370 reads as:
“The unilateral decision by Government of India to revoke Jammu & Kashmir’s special status without consulting J&K stakeholders, amidst a clampdown on civil liberties & communications blackout is likely to increase the risk of further human rights violations & inflame tensions”
Pakistan
Pakistan said it “strongly condemns and rejects the declaration made by the Indian government.” The part of the state in Indian control “is an internationally recognized disputed territory,” it said.
“No unilateral step by the government of India can change this disputed status, as enshrined in the UNSC resolutions. Nor will this ever be acceptable to the people of Jammu and Kashmir and Pakistan,” the statement said.
“As a party to this international dispute, Pakistan will exercise all possible options to counter the illegal steps.”
“Pakistan reaffirms its abiding commitment to the Kashmir cause and its political, diplomatic and moral support to the people of Occupied Jammu and Kashmir for the realization of their inalienable right to self-determination,” it added.
Meanwhile, 0n 07 August 2019, Pakistan also expelled Indian high commissioner Ajay Bisaria, minutes after it decided to downgrade the diplomatic ties with India over what it called New Delhi’s “Unilateral and illegal” move to revoke the special status of J&K
Imran Khan on 27 September devoted a significant part of his maiden address to the UN General Assembly to the Kashmir issue, demanding that India must lift the “inhuman curfew” in Kashmir and release all “political prisoners”.
“…This is the time to take action. And the number one action must be that India must lift the inhuman curfew. It must free all political prisoners.”
“If a conventional war starts between the two countries, anything could happen. A country seven times smaller than its neighbour is faced with the choice – either you surrender or you fight for your freedom till death,” said, Imran Khan in his speech.
China
China voiced “serious concern” over the Kashmir situation and stressed that Kashmir is “a legacy of history between India and Pakistan”. Beijing also said that New Delhi should avoid actions to “unilaterally change the status quo” of the state, and termed the decision to reorganize Ladakh as a union territory as “unacceptable”.
Chinese ambassador to Pakistan called Kashmir “internationally recognized disputed territory”, and criticized the Indian government for unilaterally revoking its special status.
Organization of Islamic Cooperation (OIC)
OIC has also issued a statement saying it “strongly condemns” the recent developments in Jammu and Kashmir, including the detention of Kashmiri leaders including former chief ministers Omar Abdullah and Mehbooba Mufti.
“The OIC reiterates its call upon the international community to rise up to its responsibility for the peaceful resolution of Jammu and Kashmir dispute through the democratic method of a free and impartial plebiscite in accordance with relevant UN Security Council resolutions.”
United Nations (UN)
“We are following with concern the tense situation in the region…We urge all parties to exercise restraint,” Secretary-General Antonio Guterres’s spokesperson Stephane Dujarric said.
United States
“We continue to support direct dialogue between India and Pakistan on Kashmir and other issues of concern,” a US State Department spokeswoman said.
Malaysia
“Malaysia is monitoring the situation in Jammu and Kashmir. Malaysia has close and friendly relations with both India and Pakistan,” Malaysian Foreign Ministry said.
“Malaysia encourages the two close neighbors to re-engage in dialogue and negotiations with a view to de-escalate the on-going situation and finding an amicable solution,” the statement added.
EU delegation Visits Kashmir
A 27-member delegation of European MPs visited Kashmir on October 28 to assess the ground situation in Kashmir after the government allowed “unofficial” travel. A parliamentary delegation from the European Union, including MPs from Britain, Poland, France and other countries. It was the first foreign delegation to be allowed to visit Kashmir since the government removed Article 370 in August.
In response to their visit, a Congress leader, Gulam Nabi Azad called it a “conducted tour”, Azad said he does not have any objection to the European Union leaders’ delegation visiting Jammu and Kashmir. “What I object to, is that the MPs of this country are not being allowed to go to Jammu and Kashmir.”
US Congress Resolution On J&K
A resolution introduced in the US Congress in the first week of December 2019 had urged India to end the communications clampdown in Jammu and Kashmir besides seeking the release of political detainees in the region.
The resolution was introduced in the House of Representatives by Indian-American Democrat Pramila Jayapal.
“The Indian government must quickly lift restrictions on cell phones and internet access, release arbitrarily detained people, protect free speech and peaceful protest, and condemn all religiously motivated violence at the highest levels across India, “said, Pramila Jayapal. “I hope to work with the Indian government and my colleagues in Congress to strengthen the U.S.-India partnership, while protecting the human rights of the Kashmiri people,” she added. (Report by live mint)
India Unmoved
On October 31, 2019, the first Lt. Governor of JKUT GC Murmu took an oath and subsequently all central laws were applicable to Jammu and Kashmir.
On the same day, Grish Chandra Murmu takes oath as the first Lt. Governor of the Union Territory of Jammu & Kashmir. While RK Mathur was sworn in as the first Lt Governor of Union Territory of Ladakh.
Domicile Law
The decision comes eight months after the government stripped Jammu & Kashmir of its special status on 05 August 2019, revoked its statehood, and bifurcated it into two union territories.
The rules grant eligibility of residency to new classes of people, including migrants, Central government employees, Indian armed forces personnel and their children who meet the eligibility criteria.
As per the new domicile law, non-permanent residents who have residency proof of at least 15 years in J-K are entitled to get domicile certificates.
“Strategic Areas” For Armed Forces
In a statement, a government spokesman said they have recently approved a special dispensation for regulating construction in “Strategic Areas”, required by the Armed Forces for their direct operational and training requirements.
“The Administrative Council gave its nod to the proposal of amending the Control of Building Operations Act 1988 and the J&K Development Act, 1970 to provide for special dispensation for carrying out construction activities in strategic areas,” an official release said.
J&K Delimitation
The Centre has begun the process of fresh delimitation of assembly seats as well as readjustment of boundaries of parliamentary constituencies.
The move comes more than six months after the abrogation of Article 370 in J&K and three-and-a-half months since the state of J&K was reorganized into the UTs of J&K and Ladakh. The move was started 6 years earlier since the delimitation was aimed to start in 2026.
New Housing Policy
The Jammu and Kashmir government on July 17, 2020, approved the proposal for setting up affordable houses, slum redevelopment, rehabilitation, and township policy for 2020.
The policy envisages seven models of housing, ranging from in-situ slum redevelopment to integrated township, to cater to the need of every section of society.