By Pratham Gupta
Published On: February 26, 2022 at 16:00 IST
Introduction
Kashmir was attacked by a large number of armed tribesmen two months after independence, on October 20, 1947, causing Hari Singh, the ruler of Kashmir, to appeal to Governor-General Lord Mountbatten, requesting military assistance from India.
The Instrument of Accession to India, signed by Hari Singh, was attached to this letter requesting assistance. On October 27, 1947, Mountbatten signed the instrument.
Under the Jammu and Kashmir Constitution Act 1939, only defence, external affairs, and communications would be handed over to the Indian Government, while control over all other sectors would be held by the Monarch.
Unlike the 565 original states that had elected to completely merge, these stipulations were unique to Kashmir’s admission to India.
Article 370 was the legal instrument that guaranteed Kashmir’s autonomy. With the Constitution (Application to Jammu and Kashmir) Order 1954, the President can decide whether portions of the Indian Constitution can be implemented in Jammu and Kashmir with or without modification.
However, as S P Sathe points out, this must be done in consultation with Kashmiri Authorities.
Article 370’s usage of the words “Consultation” and “Concurrence” demonstrates the constitution drafters’ aim and meticulousness in securing Kashmiri Autonomy.
This order has been changed several times throughout the years to include more and more parts of the Indian Constitution that apply to Jammu and Kashmir.
Some of the significant changes in Jammu and Kashmir
- J&K Constitution scrapped
Before Article 370: It was the only State with its own Constitution. The Article provided J&K special provisions of the Constitution which did not apply to other states of India including special autonomy, separate state laws, etc.
After Article 370: With the scrapping provisions of Article 370, the separate Constitution ceases to exist.
- Separate flag
Before Article 370: The J&K state had two different flags – India and the State.
After Article 370: There would be no separate flag for the State.
(Sources, however, said that a decision could be taken on it as Karnataka, too, has proposed its flag.)
- Any Indian can now buy properties in J&K
Before Article 370: Only residents of J&K could buy and sell properties in the State.
After Article 370: Any Indian citizen will be able to buy and sell properties in J&K.
- Criminal Procedure Code in, Ranbir Penal Code out
Before Article 370: Residents of J&K had separate laws related to citizenship, ownership of property, and fundamental rights.
After Article 370: There will be no separate laws for the citizens of J&K. Criminal Procedure Code will be in, Ranbir Penal Code of the State will be out.
- The State becomes Union Territory
Before Article 370: Jammu and Kashmir was a State with special status.
After Article 370: J&K downsized to a Union Territory (UT) with Legislature while Ladakh becomes the Union Territory without any legislature.
The Past
“Torture is senseless violence, born in fear” – Paul Sarre.
The State of Jammu and Kashmir has been plagued by Terrorism for nearly 15 years. It began with bombings in Srinagar city in 1988 and then spread to other regions of the country in a well-planned and organized manner.
It has all of the makings of a well-organized movement. The majority of the terrorists were initially locals who had gone into Pakistan in large groups in 1987 and returned after receiving training, but they were subsequently replaced by foreigners, largely Pakistanis.
Terrorists, whether locals or foreigners rely entirely on public support, which can be gained voluntarily or through compulsion. Terrorists use unique approaches in their operations to succeed.
Terrorists observe great discipline to keep their operations, movements, and other activities secret, even while their masters guide them from across the border. They are strongly motivated to survive in the face of adversity and to complete their task. Terrorist tactics are different.
No terrorist organization cannot continue without the support of the local population, whether it is earned voluntarily or under force. Various funding, housing, information, and operating as a support system are all examples of support aspects. Food, guides/couriers, and so on.
Pakistan ensures that sufficient funds, arms, and other resources are available. Terrorists have ammunitions and equipments to continue their attacks endeavours.
During infiltration operations, they must have all of their fundamental requirements with them. Subsequently, through Hawala, funds are made available to them and their sympathizer’s channels.
Extortion and other forms of collecting are also used by terrorists in the villages, and so on people participate either freely or when they are threatened. Though People in distant locations like to be on the road because they don’t have much of a choice.
Cross-border terrorism has been rampant in the Kashmir Valley of Jammu & Kashmir State since 1989, leading to a massive socio-economic downswing, which will take an enormous time to resurrect.
Cross-border terrorism has bred financial and political corruption, which can be seen in the form of a deteriorating economy, a paralyzed educational system, burned school buildings, demolished places of worship, and mind-boggling looting, and it appears to have become a socially accepted evil.
At all levels, there is a need to create successful and responsible institutions where individuals take ownership and are accountable to the system, fostering a sense of belonging.
Terrorism has only resulted in a terrifying society that is on the verge of extinction as a result of continual bloodshed perpetrated under the guise of independence, Union with Pakistan, and the construction of an ostensibly Islamic Caliphate.
Before the arrival of terrorism, a special budget was set aside for the infrastructural development of tourist destinations, but this is no longer a priority for the authorities in charge, as the money is now being used to combat terrorism.
Humans have long attempted to combat nature, neglecting the reality that nature is capable of putting up a similar resistance. The people of the state must understand that a healthy, productive natural ecology is critical to the state’s economic viability.
The Present Situation of Kashmir and Kashmiris
After the Abrogation of Article 370 on August 05, 2019, the situation of Kashmir and Kashmiris have not been restored to normalcy till date.
Major reasons behind the unrest can be cited as the ban on high-speed internet services in the whole valley preventing education for kids, business for locals and survival for Kashmiris in the times of pandemic when everything is forced online.
Continuous problem of Terrorism
Terrorists have been able to survive, thanks to the civil population’s complicity. Terrorists are supported by the population either out of fear or voluntarily.
Terrorists would find it easy to operate and elude security forces as long as public backing is present. To maintain popular support, public engagement initiatives, carried out by the civil administration in the most remote areas, must be used to win over the public.
Instead of waiting for the aggrieved person to travel to the district headquarters, the administration should go to these remote places.
Abrogation of Article 370 was done citing reasons that it’ll help in rapid eradication of terrorism from the valley.
Effect on lives of Local Youth
The remote locations of Kashmir valley serve as an advantage for Terror-houses. Senior terrorist commanders (Area, Divisional) visit villages or homes where children between the age of 15 and 17 are enticed to give up one kid for the sake of jihad.
Parents do not reveal their children’s whereabouts or report the situation to the authorities when they join extremists. When such information is brought to the attention of security agencies, parents often ascribe it to their children being absent from home or visiting relatives.
Terrorists are also on the lookout for children who have dropped out of school and have lost interest in their academics. Terrorism offers them a convenient alternative.
Motivating such children is simple. There have been numerous instances in which children departed for school and became terrorists. False propaganda plays an important role.
Youth are either shown some make-believe documentaries supplied by Pakistan or atrocities of security forces against civilians are overplayed. The young minds get psychologically influenced very soon and their journey begins towards terrorism.
- In Jammu and Kashmir, the use of social media platforms to spread militancy remained limited until 2015.
- Burhan Wani, a 22-year-old Hizbul Mujahedeen militant commander, changed that by uploading photos of himself and his fellow militants on Facebook, which were subsequently shared on other social media sites.
- The images of pro-Pakistan militants armed with rifles and dressed in camouflage in the forests of Jammu and Kashmir generated a sense of fearlessness and defiance against the Indian state.
- Militants revealing their faces and names, let alone posting them online, was unprecedented.
- The killing of Wani by Indian security forces in a small village in Jammu and Kashmir’s Anantnag district in 2016, as well as a growing number of anti-militancy operations, have failed to prevent new militant recruits.
- Since 2010, the number of militants recruited by Kashmiri and Pakistani organizations has increased drastically.
- Journalists on the ground in Jammu and Kashmir, however, feel that after Wani’s death, organizations like Hizbul Mujahedeen don’t need a social media “poster boy” to recruit new members.
The Future
The very future of the valley seems to be in severe shadow as youth, business, education, tourism, and health, all the mentioned facts have significantly affected by the activities which have created havoc in the place also known as Heaven on Earth – metaphorically.
Business and Employment in Valley
The societal consequences of internet shutdowns should be carefully considered in the long run. People in Jammu and Kashmir despise Internet blackouts, which not only disturb inhabitants daily life but also have a detrimental influence on enterprises and commerce.
As a result, the Government should reassess its decisions about internet shutdowns.
While shutting down internet services is generally ineffective, it looks that the state will continue to utilize it as a tactic in Kashmir during times of crisis or imagined crisis.
Technology businesses should collaborate with the government to identify solutions that avoid shutdowns in conflict-prone areas and during times of crisis.
The authors believe that the state still uses this strategy because of a lack of technology alternatives, based on an interview with a senior member of the National Security Council Secretariat.
Effect on Mental Health and Social Life
In Srinagar, the frequency of psychological problems such as stress, trauma, and depression-related illnesses has increased in the last 20 years, leading to general health conditions such as hypertension, heart problems, and diabetes.
Psychological diseases such as Post Traumatic Stress Disorder (PSTD), which develops in persons who have witnessed a stunning, scary, or deadly incident, can be directly linked to terrorism in the United States, as such disorders were unheard of before to the onset of terrorism.
The treatment for this mental illness is challenging since the sufferer requires a quiet setting to heal, which Kashmir lacks.
There has been a significant increase in the number of persons who have had awful dreams, particularly women who have been involved in violent occurrences.
Other mental diseases, such as bipolar disorder, panic, phobias, generalized anxiety, and sleep problems, have increased dramatically since 1990.
- According to mental health professionals, if trauma and stress are not addressed, they can develop into a genetic condition that is passed down through generations owing to structural changes and degeneration in certain parts of the brain.
- According to certain community polls, 25% of persons in Kashmir Valley have had lifetime depression illnesses, and they complain of sleep problems, headaches, heart palpitations, dizziness, and other symptoms.
Consequences
Suicides have increased as a result of the rise in mental health difficulties. People’s psychological development has been hampered by a sense of insecurity and a constant threat to their lives.
Research based on data from India’s National Family Health Survey from 2015-16, to ascertain the link between socially excluded groups, such as SCs, STs, and OBCs, and their health status, looked at several health indicators, including childhood mortality rates, nutritional status, anaemia prevalence, women’s health during pregnancy, and financial assistance for women, among others, and compared them to another group.
Conclusion
Article 35A is no longer in effect as a result of the revocation order. The Article outlined Jammu and Kashmir’s permanent residents, as well as the state’s relationship with the Centre, and prohibited non-permanent people from permanently living in the state.
It also grants state residents the ability to own real estate, acquire land, apply for government positions, receive any type of scholarship or help, and participate in other public welfare projects.
But the main interests and basic human rights of the very people of Kashmir are still hindered, their health is suffering, their businesses are shutting and all these measures are also the result of lockdown on people of Kashmir.
Edited by: Tanvi Mahajan, Publisher, Law Insider
References
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- Islam, Ajaz Ul, (2014), Impact of Armed Conflict on Economy and Tourism: A Study of State of Jammu and Kashmir. IOSR Journal of Economics and Finance (IOSR-JEF), Volume 4, Issue 6. (Jul-Aug. 2014), PP 55-60
- Carole McGranahan (2003) Kashmir and Tibet: comparing conflicts, states, and solutions, India Review, 2:3, 145-180
- Victoria Schofield (2015) WHY KASHMIR IS STILL IMPORTANT, Asian Affairs, 46:1, 18-31
- Pandit, G. L. (2006). EXCLUSION AND UPROOTED IN KASHMIR: FROM A POLITICAL TRAGEDY TO AN ECOLOGICAL CATASTROPHE
- No Special Status No Separate Constitution