On the 5th of August, 2019, Article 370 of the Indian Constitution was scrapped by President Ram Nath Kovind’s order. The repeal of Article 370 stripped the state, and now Union Territory, of Jammu and Kashmir of its special status as an autonomous state, and made Ladakh a separate Union Territory with its own legislation. This move received heavily positive feedback on social media and was backed by the government of Russia. While many applauded it as a ‘win for India’, they also failed to see how it was a loss for democracy.
What was Article 370?
Article 370 made Jammu & Kashmir a pseudo Indian state with its own constitution and rights. In a case where India wants to declare war or emergency, the state of Jammu and Kashmir was legally allowed to not do so on their end. Some economic bills could also be rejected by the Jammu & Kashmir government unless the Supreme Court mandate tells them to do otherwise. Since Jammu and Kashmir was a pseudo state, they were allowed to force regulation on military control and forms of immigration.
According to the pre-conditions of A370, it could not have been scrapped without the recommendation of the Constituent Assembly. However, the Constituent Assembly of Jammu and Kashmir was dissolved in 1956, there could have been no transfer of power to the Central Government. Therefore, after the dissolution of the Constituent Assembly without giving a recommendation to repeal Article 370 meant that it had become a permanent part of the Indian Constitution.
A370 also contains the Instrument of Accession (IoA). If A370 is scrapped without recommendation of the Constituent Assembly, the IoA stands null and void. This means that any control the Indian government tries to hold over J&K is unconstitutional and illegal.
Situation in Jammu and Kashmir
For a week after the repeal of Article 370, the Indian Government placed a mass communication and movement shutdown in the Union Territory of Jammu and Kashmir. The people in Kashmir Valley were completely unaware about the decision that had been made regarding their state. On the occasion of Eid-al-Adha, the majority Muslim population of Kashmir was not allowed inside mosques by the government’s order in fear of retaliation.
Citizens of the state were also victims of allegedly unprovoked pellet gun attacks by the Indian Forces. On the 17th of August, 2019, about two dozen people reported to hospitals in Srinagar claiming to have been injured by pellets shot by the Indian Forces. The Indian Government denied any sort of protests and use of pellet guns initially, but then admitted to doing so after a protest in Srinagar.
This is not only a violation of basic human rights for the people of Kashmir, it is also against the very ideals of democracy this country was founded on. It is essential that we stand with the people of Kashmir and their to autonomy.
Sources:
https://www.telegraphindia.com/india/kashmir-protest-how-the-government-version-changed/cid/1697637
