Kashmir’s fight for autonomy takes another step back
Words by Emma Goldrick
Tensions between two of the worlds most prominent powers, India and Pakistan, have escalated, heightening fear of war between the two nuclear-armed states. The human rights violations being conducted in Kashmir requires the international community to intervene and for other nations leaders to speak out against these atrocities. Kashmir, one of the most militarized zones in the world, is continuing to be used to exercise political tensions between India and Pakistan since the subcontinent was split along religious lines in 1947.
What is Kashmir?
Kashmir is a Muslim majority region that has been partitioned between India and Pakistan since 1947. The Himalayan region has long been contested, even prior to India and Pakistan achieving independence from the English in 1947. The area continues to represent hostility between India and Pakistan even to this day, with both sides continuing to dispute over control of the region. The state has already seen the two nations go to war over its ownership and sovereignty twice since partition.
Under the rule of partition provided in the Indian Independence Act the state of Kashmir had the autonomy to accede to either India or Pakistan. The local ruler of Kashmir at the time, Maharaja Hari Singh was a Hindu whilst most of his subjects were Muslim meaning he tried to stay neutral on the matter, claiming the nation should declare independence. However, in 1947 Kashmir was faced with a national security threat when Muslim tribesmen sent from Pakistan came to the state unannounced, turning to the Indian government for military assistance he was forced to sign the rule of Kashmir to India.
Article 370
Since Kashmir joined India, the Indian-administration has held Kashmir in a special position within the nation under Article 370 of the constitution. Article 370 contains a clause that allowed Kashmir substantial autonomy from India which included a separate national flag, their own constitution and independence regarding matters of foreign affairs, communications and defence. The article also barred people from outside the state of Kashmir buying property, which was done to prevent Indias Hindu majority nation moving to Kashmir and displacing Muslims in the region. The Indian government believes that they are exercising their nations right and autonomy over Kashmir as the state ‘voluntarily’ choice to join India in 1947. However, the Pakistani government upholds the belief that the Indian government is acting with hidden motives to escalate the religious divide within the region. The Pakistani government has issued a statement claiming the revocation of Article 370 was carried out in an attempt to displace the Muslim population of Kashmir further. After partition in 1947, the population of Kashmir contains the most Muslim citizens in any Indian administrated state. It is because of the religious divide between the two nations that Pakistan believes it holds a right to protect the population of Kashmir against any further religious conflict.
Recent disputes
On the 5th of August 2019, Article 370 was revoked. The seven-decade long clause of Article 370 was revoked by the governing political party (the Bharatiya Janata Party - BJP). The BJP a strong Hindu Nationalist party promised in their 2019 election to abolish article 370, something that has been strongly advocated for by voters of the party.
In the lead up to the revocation telephone networks and the internet were cut off in Kashmir. The Indian administration also banned public gatherings, issued tourists to leave the state due to a ‘terror threat’ and deployed tens of thousands of troops to Kashmir.
By revoking Article 370 New Delhi will now have far more significant control and say over Kashmir and outsiders ability to purchase property in the region. Without regulation on the purchase of property, fears have been sparked around the idea of ethnic cleansing - with rumours the potentially Hindus will migrate to Kashmir in order to push Muslims out of India completely. These fears are not misplaced, as the Indian Prime Minister Modi and his political party the BJP continue to push a Hindu extremist/nationalist agenda.
The last half a decade has dimmed hopes for a peaceful future for Kashmir, India and Pakistan.
2016 saw blood-filled street protests in Kashmir, followed by complications in 2018 which left Kashmir under the direct rule of Delhi, which only furthered regional tensions.
The death of 40 Indian soldiers in a suicide attack in early 2019 heightened the unrestful conflict and continued the blaming game as to who was really at fault. The deaths pushed the wedge between India and Pakistan tighter with India blaming a Pakistan-based militant group for the attack releasing a statement claiming India would take “all possible diplomatic steps” to isolate Pakistan from the international community. Retaliating to the aforementioned deaths, India launched airstrikes in Pakistani territory, which dispute there being no claims of damage, they responded a day later by shooting down two Indian Air Force jets and capturing a fighter pilot.
What happens now?
In light of abolishing Article 370 Indias parliament has now passed a bill which splits the Indian administrated section of Kashmir into two territories. The bill states the two regions Jammu and Kashmir, alongside the remote region of Ladakh will be governed by Delhi.
In response to this, Pakistans Prime Minister Imran Khan has stated they will challenge India's action at the UN Security Council and further take the matter to the ICC. Pakistan has long viewed itself as the protector of the Kashmir Muslim population and says they have and will continue to take up battle ‘on behalf’ of Kashmiran people. Pakistan has further provided their stance by announcing the nation will be downgrading diplomatic relations and cutting off any bilateral trade with India. Alarmingly Prime Minister Imran Khan has noted that the possibility of India and Pakistan going to war over this very issue again is not impossible. The Pakistani PM went as far as stating “Such incidents are bound to happen again. I can already predict this will happen”.
China has objected the reorganisation on the grounds that they still have a disputed border with India in the mountainous region of Ladakh.
In Australia, both Australian Greens NSW Senator Mehreen Faruqi and Leader of the Australian Greens Senator Richard Di Natale have both urged the Australian Government to speak out and call on the Indian government to give Kashmir self-determination. Further Senator Mehreen Faruqi said the Indian Governments action poses a risk at escalating violence in the world’s most militarized region and the Australian Government ought to stand up for the human rights of those inflicted.
While many nations, including the US, refuse to recognise the new order, India continues to be intentional in their actions and tensions only seem to be escalating.