Tag Archives: Article 370

I am Kashmiri. Hear me!

I did not believe that I would live to see the day when my family could rightfully return home to Kashmir. Article 370 being revoked in Kashmir on Aug 5 2019, is one of the best decisions by the Govt of India to restore secularism in Kashmir, a land whose demography has been changed by the systematic targeting of its minority Hindus/Sikhs. 

For me the relief is personal, since my own family (parents, siblings, relatives, friends, neighbors), along with other Kashmiri Hindu communities, was part of the mass exodus in 1990, when we were brutally targeted and cleansed from Kashmir by militant Islamic groups aided by Pakistan.

As is well known and documented, in 1990, mosques throughout Kashmir blared threats to all “kafirs,” (non-believers)  “Ralive, tsalive, ya galive” (Convert to Islam, leave, or die). Various terror groups posted posters on our doors declaring, “Allah-o-Akbar, infidels get lost. Jihad is approaching.” Thousands chanted on the streets, “Kashmir banawon Pakistan, Bataw varaie, Batneiw saan”  (“We will turn Kashmir into Pakistan, with Kashmiri Hindu women, but without their men”). 

We were terrified. I remember the mobs that roamed our neighborhood with slogans of wanting to rape and kill Kaffirs. Hindu families with girls were especially vulnerable. My mother kept poison ready, having taught me, even at 8 years of age, that we both needed to  poison ourselves if any terrorist entered our home. I began to regret being born a girl.  

My parents and relatives finally decided that they could not live with this constant looming threat. We fled from our homes, carrying just a few belongings, hoping that we would be able to come back in a few months. 

Life as a Refugee

In Jammu I smelled the fragrance of freedom for the first time and felt welcome. This was a change from my experiences growing up in Kashmir, where we always felt ostracized; be it a cricket match, when stones were pelted at our homes to mourn a Pakistani loss or when we hoisted the Indian flag or tried to celebrate our Independence Day (August 15th) or Republic Day (January 26th). 

Life in Jammu came with its own challenges. We were refugees in every sense of the word—distressed and helpless, living in tents, until we found rooms for rent. Even the weather was punishing, with temperatures rising up to 48 degrees Celsius, a shock for us Kashmiris who were used to much milder climes. The sudden change of climate  took the lives of many refugees, as they lacked adequate protection against the elements in their tents. 

I was a student at the time and often fainted from starvation. There were no facilities for students, so we tried to study under the shade of trees in the searing summer heat. There was little support from local, state or national government bodies-our only aid came from the local Hindu community and organizations like BJP, Shiv Sena, and RSS.

During this mass exodus, no ruling political party made an effort to support our families. Nor did they ever address the trauma we live with. The last 29 years have been brutal. Many Hindu Kashmiris, including my own grandparents (who were in their sixties at the time we fled Kashmir), passed away as refugees, longing for a chance to return to their motherland. 

Kashmiri Hindus are the original inhabitants of Kashmir. Named for the Sage Kashyapa, it  was our home for thousands of years. We gave up our ancestral lands, our communities, our places of worship, and our futures. The removal of Article 370 has revived hope in my community, as is evident from the many private and public celebrations that followed. Even though it’s too late for my elders, the new status offers a ray of hope for the rest of the community: a chance to return home, to pray in historic family temples that have been abandoned for decades, to once again be Kashmiri in every sense of the word-irrespective of our religion. 

I finally have hope that we will see a dismantling of the systematic infrastructure that oversaw the genocide of the Kashmiri Pandits. The abrogation will allow an Indian citizen, of any faith, to live where they like and pursue occupations of their choosing. The abrogation of Article 370 finally delivers on the promises of the Indian Constitution. 

Ruchi Kolla was born in Srinagar. She now lives and works in the Bay Area. This is her first piece about life in Kashmir.

 

Article 370: A Way Forward for India and Pakistan

My memories go back to the year 1991 when I wrote an article in India Currents about the history of Kashmir and the exodus of Kashmiri Pandits starting in January 1990, stirring controversy and raising criticism by some local Kashmiri Muslims, thus leading to a long healthy debate. At the end of this civil debate most of us ended up as friends, as we are today. Friends with some basic disagreements.

We knew all along that all the issues in the Kashmir Valley will be resolved if Article 370, which provides special autonomous status to Jammu and Kashmir is abolished. Now, discrimination based on demography has been eradicated. Kashmir has been integrated with India.

Kashmiri Hindus, better known as Kashmiri Pandits, are historically reported to be the original inhabitants of Kashmir Valley. Their roots in Kashmir can be traced to that time when civilization began in the valley. Their history spreading over 5,000 years could be testified through several historical works, including the legendary ‘Nilamat Purana’.

Kashmir’s first imperial history began in 250 BC when Asoka reigned over the land. Nearly 1000 years later, Lalitaditya reigned (725-761) after conquering most of north India, Central Asia, and Tibet. The advent of Islam in Kashmir around 14th century brought a paradigm shift in socio-political and religious system.

Islam entered Kashmir nearly 700 years after its birth when Kashmir came into contact with the Muslim invaders. Islam had been spreading throughout the rest of India for 300 years.

 Force was used to convert the inhabitants of the valley. The population of Hindus in the valley continued to decrease and they became minorities in their own land where they were once in the majority. But somehow Kashmiri Pandits managed to preserve their religion, culture as well as traditions. Kashmiri Hindus have migrated several times from the valley due to this very Islamic fundamentalism. 

Kashmir’s history, after the arrival of Islam, sets the backdrop for the current conflict, which has been waging ever since India won its independence from Britain in 1947 and Pakistan became an independent Muslim state.

There have been seven exoduses of Pandits to this date. Unfortunately, the seventh one happened in 1989-90 in the age of democracy, liberalism, secularism and universal brotherhood.

Most of the Pandits were forced to flee from the valley owing to terrorism by Islamic fundamentalists. Pandits left the valley because there was an attack on their culture, traditions, and religion. Above all, Kashmiri Pandits left the valley because there was an attack on their existence. Thousands of them were killed in the valley during the gloomy  nineties and many lost their lives in exile due to post-exodus trauma. The trauma continues, especially among the elderly who will be in pain until they can return to their home. 

There are some sane voices among the  majority community of Kashmir who are truly secular and not “pseudo-secular”, who don’t support such Nizam-e-Mustafa movement but their numbers are very few. And their voices are curbed.

No culture can survive if it is uprooted from its place of origin. There is an eternal link between people and their land. The cultural heritage of Kashmir is an integral part of the vast Indian Hindu cultural fund as a whole. Since 1947 the land has become part of the Indian Union.

Religious minority groups flourish in India. It has the world’s second largest Muslim population (approximately 176 million or 14.4 percent of India’s population), and the world’s largest Sikh (1.9 percent) and Jain populations (0.4 percent). There are also substantial numbers of Christians (2.3 percent) and Buddhists (0.8 percent). Smaller communities of Jews and Zoroastrians have been living in India for over a millennia. India was founded on secular principles and as a home for multiple religious communities. On the other hand, Pakistan was and continues to be an exclusionary state intended only for Muslims, where the state has legalized and institutionalized discrimination against minorities. As a result, in both Pakistan and Bangladesh, minorities face much greater difficulties than minorities in India. 

It is important to note that the state of Jammu and Kashmir had a Muslim population of 65% and a Hindu population of 30%. So, the Muslim population is not overwhelmingly high. It is in the Kashmir Valley that the Muslim population is 97%. Often, the people following the Kashmir problem are ignorant of these demographics. Wars have broken out between India and Pakistan three times since 1947. An alarming component of this conflict is not only the suffering of Kashmiris, who have been forced to endure the outbreaks and Pakistan’s attempts at stirring up ancient rivalries between Muslims and Hindus, but the fact that in 1990 and 2001-2002, the two countries threatened to use nuclear weapons over it.

By making the new areas of Jammu and Kashmir a Union Territory, the constituent Assembly has been revoked.

Jammu and Kashmir were given special status under Article 370 of the constitution of India which gave it, its own constitution, and without the concurrence of the State Government, the laws passed by parliament would not have been applicable. The Constitution order of 1954 contained the articles and other provisions applicable to only Jammu and Kashmir State. It constituted a founding legal document, whereas article 35A protected the exclusive laws which are related to the prohibition of buying property by outsiders and women, losing their property rights if they married non-Kashmiris.

In short, Article 370 restricted the Indian Parliament’s legislative power over Jammu and Kashmir to defense, foreign affairs, and communications, allowing residents of Jammu and Kashmir to live under a separate set of laws and preventing them from enjoying the same rights as other Indian citizens. Similarly, Article 35A defined who were permanent residents of the state and determined who could buy property in the state and enjoy other special rights and privileges.

President of India’s order # 2019, C.O. 272 dated August 5, 2019, entails scrapping previous order # 1954 and adds the following to article # 367:

  1. Sadar-i-riyasat will now be Governor
  2. Constituent Assembly will now be referred to as Legislative Assembly of the State.

Article 356 of the Indian Constitution is now applicable in Jammu, Kashmir and Ladakh, by which President’s rule surpasses the Governor’s rule, which can be imposed in these areas.

The Bifurcation of the State of Jammu and Kashmir, giving Jammu and Kashmir the status of Union Territory and giving Ladakh the status of a Union Territory as well, has been welcome internationally.

Article 370 removal has made many positive changes for the areas of Jammu, Kashmir, and Ladakh including no special powers exercised by Jammu and Kashmir, no dual citizenship, no separate constitution, reservations for minorities and  backward classes, no discrimination against the women of the Kashmir when they marry someone from outside of the state. All citizens of these areas will be considered equal, all provisions of the Indian constitution are now applicable in these areas and with Union territory status, the security is now the Center’s responsibility. By making the areas of Jammu & Kashmir and the area of Ladakh, two separate union territories the special status has been revoked.

These are  historic and momentous efforts that will enable the free flow and applicability of Indian constitution and all its laws into the region of Jammu and  Kashmir without any special considerations.

Not only has the Kashmir problem been solved but it also vindicates Kashmiris of all faiths (some of whom lost their lives due to turbulence and some, like Kashmiri Pandits, who had lost their roots ). Now is the time for healing as all Kashmiris come together as Indian nationals and work toward making Kashmir the valley of saints once again.

As a Union Territory, it will also improve the security situation with respect to cross border terrorism and bring peace, harmony and stability in Jammu-Kashmir.

Kashmiri Muslims must understand that all manners of cultural markers over 2500 years of Kashmiri history (right from 500 BCE onwards) display unequivocally a Kashmir that was intensively integrated with the rest of India. In the face of this historical reality of Kashmir, Article 370 as an exclusionary means artificially separating Kashmir from the rest of the country was an anomaly that has now been removed.

It will be  recognized that the dynasty rulers in Kashmir have bungled up the state through corrupt practices.  The poor segment of society wants stability, security and employment, especially when unemployment rates are as high as 30 percent among the urban population.

The emphasis must be to promote Pluralism in the State so that all communities can live together as they did before Pakistani trained militants forced Kashmiri Pandits to leave. Intra-Kashmiri dialogue, exchanging programs of students, writers, artists to offer their strengths in all the regions will definitely help in reconnecting and reintegrating hearts and minds of the people. The opening up of the local economy to outside actors will be akin to India’s liberalization moment of 1991 when it opened up its economy and integrated with the outside world. As the legal impediments to the free movement of people and access to assets like land have been removed, the economic focus of the state can now be broadened beyond tourism and agriculture. Industrialization can slowly expand its prominence in the local economy. Thus, the elimination of the special status and more centrality of governance should beget higher availability of economic opportunities and wider avenues of growth for the people of  Kashmir. 

Regarding the return and rehabilitation of Kashmiri Pandits, my suggestion is that the matter be left for Kashmiri organizations in India to decide, based on their interaction with local Kashmiris and the Government of India. Our worldwide umbrella organization, All India Kashmiri Samaj (AIKS) works with all other organizations in India. 

California based Jeevan Zutshi, is the Chairman of Kashmir Task Force, founding member of the California Chapter of Kashmiri Overseas Association and founding member and former Executive Director of Indo-American Kashmir Forum.

 

 

The Lowdown on Kashmir’s Crackdown

 ‘A Coup Against the Constitution and the Kashmiris’ is how Delhi-based human rights organization, the People’s Union for Civil Liberties (PUCL) condemned Indian PM Modi’s shock Kashmir intervention, in a statement released on Wed, Aug 7, 2019.

Modi’s controversial decision to revoke Kashmir’s autonomy has escalated tensions with Pakistan, placed thousands of Kashmiri residents under lockdown and infuriated human rights groups, and yet, this move has received support in India, and not just with the ruling, nationalist BJP which has long campaigned to scrap Kashmir’s ‘special privileges.’ Surprisingly, some opposition members have welcomed Modi’s move to absorb Kashmir into India and even reaction from the international community has been relatively muted.

So, will this power grab have explosive consequences for the subcontinent, or become an incendiary first step at attempting stability in a region where terrorism and violence have claimed more than 50,000 lives in over 30 years?

The truth is muddier and more complex than it appears.

What happened to Article 370?

Article 370 is a constitutional provision drafted in 1947 to grant special autonomous status to the Muslim-majority state of Jammu & Kashmir (J&K) after Indian independence. From 1950 onwards, a series of presidential orders (referred to as sub-section A), allowed its residents to live under a separate set of laws related to citizenship, property ownership and fundamental rights, while the Indian Government was responsible for defense, foreign affairs and communications.

J&K has been under President’s rule since December 2018. With no state legislature in place, this allowed the President of India, as Head of the State Government of J&K, to exercise powers of the State Legislature and recommend abrogation of Article 370 of the Constitution. The PUCL, as well as some legal scholars of Indian Constitutional Law, are questioning the legality of this move.

This maneuver was as swift as it was stealthy, according to the PUCL, with the Indian government orchestrating its crackdown in a little less than four days. Over the weekend of August 4-5, J&K political leaders were detained, tourists evacuated, communications and telecom services shut down, and a curfew imposed on residents, while 35,000 troops were airlifted in to maintain law and order. Then, on 5 August 2019, both houses of parliament passed legislation repealing Article 370, removing J&K ‘s statehood and splitting it into the union territories of Muslim-majority J&K and Buddhist-majority Ladakh.

The World Reacts – Sort of…

Historically, Kashmir has been a disputed region with both India and Pakistan claiming ownership and fighting wars over it, while China controls a territory to the east. Despite an unofficial border established by the Line of Control in 1972, and a ceasefire agreement in 2003, border clashes are frequent, and cross-border firing has killed civilians on both sides. In February 2019, tensions escalated when both countries exchanged airstrikes for the first time since 1971.

Reaction from Pakistan has been predictably hostile with PM Imran Khan tweeting about Modi’s tactics in Kashmir  ‘Attempt is to change demography of Kashmir through ethnic cleansing. Question is: Will the world watch & appease as they did Hitler at Munich?”. Yet, Pakistan has refrained from direct military action, vowing solidarity with the people of Kashmir and showing support by downgrading diplomatic ties and suspending bi-lateral trade with India; instead, Pakistan has decided to petition the United Nations for a resolution.

Other countries have expressed concerns but are watching from the sidelines. Russia labeled it an internal issue, and the US asked Pakistan to exercise restraint and encouraged ‘an urgent need for dialogue’. Britain foreign secretary Dominic Raab called for calm, while China suggested that the UN Security Council resolve the Kashmir issue properly and peacefully. Human Rights Watch urged India to free political leaders and restore communications; even Saudi Arabia recommended a peaceful settlement.

In India, the J&K decision provoked outrage from political opponents in the government, but found unexpected support from others, including the Aam Aadmi party, the AIDMK and the YSR Congress who called the decision, ‘courageous’.

What this means for ordinary folks

While Kashmir today is a Muslim majority state, it was also home to the Kashmiri Pandits, Hindus who were native to Kashmir valley long before the Muslim influence entered. Twenty-six years ago, on January 19, 1990, fearing death threats from a massive Islamist uprising, more than a hundred thousand Kashmiri Pandits were forced to flee their homes and seek refuge outside Kashmir.  The abrogation of Article 370 opens a door for the return of displaced Kashmiri Pandits, even as it clears a pathway for non-residents from other states to now own property and establish businesses in the new union territory of J&K.

And what does it mean for the Muslim families in the valley? Monday, August 12, marks a week since the crackdown. The communications blackout is still in place affecting those trying to contact people outside the valley and journalists trying to cover developments. Despite a BBC broadcast about the use of tear gas at some rallies, and Reuters reporting protests in Srinagar’s Soura area, J&K police  are asserting that the Kashmir Valley is returning to normalcy as restrictions are being lifted. Ahead is the festival of Eid-al-Adha, one of the two most important festivals of the Islamic calendar when thousands of worshippers are expected to throng major mosques in Srinagar. Will the authorities ease restrictions on large gatherings? Already, a security alert has been issued for a possible terrorist attack in the valley in the lead up to August 15, India’s Independence Day.

In a strange twist of timing, just as the people of Kashmir lose their right to self-determination, the rest of India will be celebrating the day that Great Britain transferred legislative sovereignty to the Indian Constituent Assembly.

Meera Kymal is a Contributing Editor at India Currents.