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Jun 25, 2023

The Aftermath of Article 370 in Jammu and Kashmir

Published on By Article 370 of the Indian Constitution grants Jammu and Kashmir a unique status as the only state that can define its own accession term and receive this treatment. In order to

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Article 370 of the Indian Constitution grants Jammu and Kashmir a unique status as the only state that can define its own accession term and receive this treatment. In order to legislate and establish other contacts with the Indian Union, the state assembly and government were granted this unique status under the constitution. Article 370 was included in the Indian constitution following discussions between Kashmiri and Indian government officials. This unique status was, however, eroded over time by a number of reforms. To draft its own constitution and approve applicable sections of the Indian Constitution, the IIOJK Constituent Assembly was founded in 1950. Importantly, Article 35A was included to ensure the continuation of the Maharaja’s state subject rule by giving the state government the authority to establish its own definition of permanent residents and place limits on the ability of non-residents to purchase property in the state.

Despite being subjected to Indian aggression, brutality, and tyranny, the people of Jammu and Kashmir were able to maintain their unique culture and identity because of Article 370. It gave the state legislature the power to make laws for Jammu and Kashmir, with the exclusion of the military, the media, and international relations. Article 370’s third clause stated that the J&K constitutional assembly’s approval was needed to alter or repeal the article. Since the legislature was dissolved on January 26, 1957, however, it is impossible to constitutionally revoke the special status. The BJP government unilaterally repealed this law, turning the state into a de facto prison, despite the fact that it had a permanent status. While New Delhi promised that this change would bring prosperity to the state, the reality shows otherwise. Significant shifts and difficulties have resulted from the repeal. Jammu and Kashmir and Ladakh are now two independent union regions after the removal of Article 370 on August 5, 2019. With this change, the territory was no longer granted any kind of special status and instead fell under the direct control of the Indian federal government.

Concerns were voiced regarding how the elimination of Article 370 would affect the demographic make-up of the area. Mass migration and settlement by a certain group can shift the demographic balance, as was the case with Israel’s occupation of Palestinian territory, which drew criticism from many. The repeal was interpreted as an effort to domesticize the international debate over Kashmir within India. As a result, the unlawful union territory authority in Jammu and Kashmir issued up to 3.5 million bogus residence certificates to foreigners.People who had previously worked for 10 years in various capacities in the territory, such as at colleges, banks, or other jobs, were now able to claim domicile under the new rules for claiming domicile in J&K. Domicile eligibility was extended to include offspring of J&K service personnel and those who had completed high school (grades 11 and 12). Some people aren’t happy with all the domiciles being given out, especially to former soldiers known as Sainiks. This has prompted concerns among locals about a possible effort to manipulate the area’s population composition and threatens their safety.

Some people are worried that the ruling party, the BJP, is trying to control the region’s majority Muslim population by settling extremist Hindus in the valley, which could lead to ethnic cleansing and the emergence of new conflicts. As a precautionary step following the revocation, some Jammu and Kashmir political figures were detained or placed under house arrest. Syed Ali Gillani, Yasin Malik, Omar Abdullah, and Mehbooba Mufti are just some of the prominent regional party leaders that were threatened with detention. The goal of this action was to silence the Kashmiri government. While visiting New York, Indian author Arundhati Roy declared, “The biggest myth of all times is that India is a democracy.” Actually, it’s not the case. Several Indian states are dangerously close to civil conflict. The number of reported rapes has been steadily rising since article 370 was repealed. IIOJK is notorious for its use of torture, sexual assault, kidnapping, nighttime raids, disappearances, and mass graves. Human rights abuses have been systematic and pervasive in J&K for at least 40 years, according to UNHCR findings from 2018 and 2019. Khurram Parvez, three of his accomplices, and Parveena Ahanger were among the prominent human rights activists whose homes and offices were raided by the NIA on various occasions in 2020. Ajay Kumar Mishra, minister of state for the home, said in the Rajya Sabha, “the cost of pursuing journalism in Jammu & Kashmir is huge.”

The executive editor of The Kashmir Times, Anuradha Bhasin, told the wire that they are under constant observation and that government policies have all but muzzled the media. Journalists in Kashmir are often subjected to ‘police verification’ requests, which can take the form of either a verbal’ summons’ and questioning, or a physical raid. She writes about the persecution of Kashmiri journalists in her book, “A Dismantled State” (The Untold Story of Kashmir after Article 379), which was written after Article 370 was revoked. This book details the ‘Orwellian policy’ of punishing, jailing, and otherwise intimidating journalists into silence, and the damage done to the fourth pillar of democracy as a result. It’s now difficult for journalists to operate without interference.There has been a surge in the number of extrajudicial executions committed by armed organizations in the region. The Jammu and Kashmir Coalition of Civil Society (JKCC) has reported that since August 5th of this year, 165 people have been killed in Indian-led search and cordon operations. The economy and job market in the area have also been significantly impacted by the repeal of Article 370. The Centre for Monitoring Indian Economy (CMIE) reports that the jobless rate has risen to 16.2 percent, which is more than twice as high as the 6.7 percent unemployment rate in the Indian Union. The withdrawal of special status has had severe economic ramifications for the people of Jammu & Kashmir, with an estimated 500,000 people losing their jobs. Kashmir’s business community, according to the Kashmir Chamber of Commerce and Industries (KCCI), lost almost 40,000 crore rupees due to the current adverse environment. The Indian government has claimed that Article 370 is to blame for the state’s lack of economic progress, although the truth appears to be more nuanced and complex. Significant difficulties have arisen as a result of the abrogation, which has had an effect on the economy and other facets of regional life.

The Indian government opted to hold online auctions for mineral extraction bids during the communication shutdown in Kashmir. This, however, prevented Kashmiris from applying, therefore almost all of the permits went to Indians rather than Kashmiris. Sand, boulders, gravel, and other riverbed materials were made available for mining in over 200 mineral blocks along the Jhelum River and its tributaries, spread over all 10 districts of the region. In an interview with Anadolu Agency, local contractor Abdul Ahad voiced his concerns, saying, “It is not injustice but murder with us and our families.” Because of this, a record-breaking 70% of all mining contracts went to Native Americans. There are still many unknowns and unanswered questions concerning the future of the region as a result of these shifts. The situation in Kashmir requires our care and attention. Only sincere diplomatic efforts, with human rights and the aspirations of the people as their top priorities, will bring peace and stability to the region. As global citizens, we have a responsibility to keep an eye on the situation in Kashmir and work toward a peaceful resolution that protects the region’s distinct culture and the future of its people. True peace and reconciliation in Kashmir can only be achieved in a world where ideals of justice and fairness reign supreme and no one’s suffering goes ignored or neglected.

A Landmark Occasion: Vice Premier He Lifeng’s Transformative Visit to Pakistan

Nimra Javed is Researcher at CISS AJK and working on Nuclear Politics & Disarmament, Emerging Technologies and New Trends in Warfare.Writer can be reached at: @NimrahJaved_

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In a momentous celebration held within the heart of Islamabad, the culmination of the first decade of the China-Pakistan Economic Corridor (CPEC) was honored in a special ceremony. The distinguished figures of Prime Minister Shehbaz Sharif and Vice Premier of China, He Lifeng, stood side by side, underscoring their unwavering dedication to perpetuating a synergistic collaboration for the advancing development of the CPEC – an exquisite exemplar of the Belt and Road Initiative. With resounding accolades, both statesmen extolled the CPEC for its profound resonance within Pakistan’s socio-economic stratum, fostering a trajectory of prosperity that transcends national borders. Emanating from this collaboration, the narrative of the CPEC narrates a transformative odyssey, orchestrating a symphony of infrastructure resolution and energy equilibrium, thereby reshaping the very contours of Pakistan’s economic canvas.

Gathered amidst an assembly of eminent officials from both nations, this ceremonial juncture bore testament to the historical significance of the occasion, marked by the issuance of commemorative tokens that encapsulate the shared vision of prosperity. Over the course of a decade, the CPEC has unfurled an array of dividends for Pakistan – a landscape bedecked with the blooms of employment opportunities, a bolstered energy fabric, and an expansive network of transport infrastructure and digital interconnectivity. As the CPEC advances into its second phase, the collaborative scope stretches beyond its foundational domains, embracing the realms of rural rejuvenation, agrarian advancement, industrial crescendo, eco-friendly evolution, and scientific enlightenment.

A resounding echo of these sentiments reverberated from none other than President Xi Jinping himself, a luminary whose words resonate with the promise of the dawn. From the very epicenter of Islamabad, where the CPEC’s inception was commemorated a decade ago, President Xi articulated a renewed commitment – an unwavering pledge to uphold the pinnacles of excellence, perpetuate sustainability, and heighten the realm of public well-being. Thus, the China-Pakistan Economic Corridor emerges as a venerated hallmark, an embodiment of the essence of Belt and Road cooperation, a clarion call of confidence to the people of Pakistan.

President Xi’s felicitations, elegantly dispatched in a message of congratulation, unfurled a panorama of shared accomplishments. From its inception in 2013, the CPEC has espoused the principles of extensive consultation, united contribution, and equitable dividends. The nascent successes, emblematic of the CPEC’s impetus, have reverberated as a dynamic force in Pakistan’s economic and societal narrative. Moreover, the CPEC has emerged as a luminary within the domain of regional connectivity, poised as a foundational cornerstone for a tapestry of integration. In the profound words of President Xi, the CPEC illuminates the enduring camaraderie between China and Pakistan, and heralds an era of shared destiny. The imperative beckons for an ascent, a collective trajectory towards higher echelons of development, security, and cooperation.

As the envoy of President Xi, Vice Premier He Lifeng bestowed his sagacity upon the Islamabad gathering. His invocation, an exhortation for the metamorphosis of the CPEC into a corridor of growth, public well-being, innovation, verdant development, and untrammeled openness, radiated a clarion call. This CPEC, a realm of diverse infrastructural constructs – be it roads, railways, or conduits of energy – spans from the resplendent Gwadar Port to the hinterlands of Kashgar in the Xinjiang Uygur autonomous region. A symphony of statistics from the Chinese embassy in Pakistan resound, affirming a tangible investment quantum of $25.4 billion, a workforce mosaic of 236,000, and the canvas of 510 kilometers of highways and 886 kilometers of power grids.

The echoes of collaboration resound beyond ceremonial confines, extending into the realms of strategic dialogue. Within the precincts of Rawalpindi, Vice Premier He Lifeng convened with Chief of Army Staff General Syed Asim Munir. A confluence of interests was woven into the dialogue, encapsulating the nuances of mutual cooperation and defense dynamics. The chorus of affinity, expressed with eloquence, resonated the aspiration for an augmented bilateral rapport across all facets.

President Dr. Arif Alvi herself echoed the symphony of collaboration, greeting a delegation led by Special Representative of Chinese President Xi Jinping, He Lifeng. The clarion call for increased Chinese investment in Pakistan’s economic tapestry, especially in the enclaves of Special Economic Zones, rang out in harmonious tones. The canvas of bilateral cooperation, a portrait of steadfastness in times of adversity, underscored the principled stance of China on the Jammu and Kashmir Dispute. Within this embrace of bilateral endeavors, the contours of the CPEC emerged as a beacon of transformation, illuminating Pakistan’s developmental journey.

In a world defined by the crucible of geopolitics, this visit stands as a luminous fulcrum of articulation. Against the backdrop of a critical regional and global panorama, Vice Premier He Lifeng’s sojourn emerges as a catalyst of positive transformation

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Pakistan’s foreign policy has always been influenced by its unique geographical location and intricate geopolitical dynamics. It shares borders with four countries: India, Afghanistan, China, and Iran, each playing a significant role in shaping its foreign relations. Additionally, its historical relationship with Saudi Arabia, a key Muslim majority nation and economic powerhouse, has also contributed to its diplomatic tactics and strategies.

In the past decade, the relationship between Saudi Arabia (KSA) and Iran, two regional heavyweights in the Middle East, was strained. The rivalry between these nations resulted in economic rivalries, proxy wars, and regional instability. However, the recent reconciliation between the two rivals, a monumental shift facilitated by China, has provided an opportunity for Pakistan to balance its relationships with both nations.

In an intricate diplomatic environment, where Pakistan enjoys a partnership with Saudi Arabia and shares borders with Iran, this newfound harmony presents significant benefits. China, a crucial ally of Pakistan, plays a pivotal role in this matrix, with its diplomatic efforts enabling the landmark reconciliation.

Pakistan’s relationship with Iran has been subject to regional dynamics, common interests, and bilateral disputes. The crackdown on oil smuggling at the Iran-Pakistan border, the shared interest in preventing instability in Afghanistan, and the potential implications of the China-Iran deal on the China-Pakistan Economic Corridor (CPEC) are some key issues. The reconciliation could provide a platform for addressing these concerns and solidifying the ties between the two neighbors.

Similarly, Pakistan’s alliance with Saudi Arabia has been historically influenced by mutual interests and strategic considerations. Despite the regional tensions, Pakistan has maintained its solidarity with the Kingdom, keeping its bilateral ties strong and steady.

The historic Saudi-Iran deal could be considered a “gamechanger” and a “brave new chapter”. The political experts and foreign policy analysts in Pakistan view it as a significant step towards peace that will not only benefit the Middle East but also have positive implications for Pakistan. The easing of tensions and the potential for increased cooperation will not only contribute to regional stability but also open new avenues of economic and diplomatic engagement for Pakistan with both countries.

The Iran-KSA reconciliation, also marking the reopening of embassies after a seven-year hiatus, signals progress towards stability in the Middle East and could catalyze other countries in the region to normalize relations, such as the case with Syria. This could lead to increased cooperation and trade, positively impacting countries in the Middle East, South/East Asia, and beyond.

The Foreign Office of Pakistan has welcomed the normalization of diplomatic ties between Saudi Arabia and Iran. It commends China’s leadership in orchestrating this historic agreement and praises the leadership of Saudi Arabia and Iran. Pakistan, expressing its commitment to peace, pledges to continue playing a constructive role in bridging gaps between the two nations and hopes this positive step sets a template for regional cooperation and harmony.

Pakistan has found itself entangled in regional conflicts between Saudi Arabia and Iran. For instance, during the Yemeni Civil War, Riyadh sought Pakistan’s military support, while Iran urged Pakistan to remain neutral. Striking a balance between the demands of both parties has proved challenging for Pakistan, potentially straining its military resources and diplomatic standing. Pakistan’s counterterrorism efforts have often been scrutinized concerning its relations with Saudi Arabia and Iran. While the country has participated in the Saudi-led Islamic Military Counter Terrorism Coalition, it has also cooperated with Iran in combating drug trafficking and border security issues. This duality has led to questions about Pakistan’s true commitment to the fight against terrorism.

Both Saudi Arabia and Iran play crucial roles in Pakistan’s energy security. Saudi Arabia has historically been a major provider of oil and financial assistance, while Iran offers natural gas and trade opportunities. Balancing these energy sources while adhering to international sanctions and regional interests is crucial for Pakistan’s economic stability.

Pakistan’s relationships with KSA and Iran have implications for its domestic politics as well. Political parties in Pakistan may align themselves with either KSA or Iran, often reflecting the country’s complex religious and ideological diversity. Such alignments can influence foreign policy decisions and create internal political debates.

Ultimately, the newfound peace between Iran and Saudi Arabia has implications beyond their borders, affecting regional dynamics and geopolitics. For Pakistan, this serves as a pivotal opportunity to foster its relationships with both Iran and Saudi Arabia, providing a unique balancing act. It will require diplomatic finesse, strategic planning, and a keen understanding of regional dynamics to capitalize on this opportunity fully. However, the potential benefits – economic, political, and strategic – make this a task worth undertaking.

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Some years back, Indian cricketer Mohammad Kaif had said that Kashmir will be beautiful if Kashmiri youth pick up bat instead of gun and pick up ball instead of stones. That hope expressed when Manzoor Dar who was picked up by IPL’s Kings XI Punjab, is becoming a reality today. Mujtaba Yousuf, Abid Mushtaq, Basit Bashir, Rasikh Salam, Waseem Bashir, Fazil Rashid, Sharukh Dar, Nasir Lone, Auqib Nabi are few names among the dozens of Kashmiri cricketers who were shortlisted in the 405-member final Indian Premier League. (IPL) Player Auction 2023 list. What’s more bats made from the well-known Kashmiri willow brand has made its mark with endorsement from some of the leading international cricketers.

Four years ago, on 5 August 2019, the Home Minister Amit Shah introduced the Jammu and Kashmir Reorganisation Bill, 2019 in the Rajya Sabha. Its result was that Article 370 which provided special status to Jammu & Kashmir, was revoked and article 35A which prevented non-Kashmiris to purchase property in the state, became automatically null and void. The government had also resorted to bifurcating the state into two union territories: Union Territory of Jammu and Kashmir (UT of J&K ) and Union Territory of Ladakh. Four years on the situation for the people in Jammu and Kashmir has transformed. Politically a strong grassroots democratic system commenced with genuine participation of people at the lowest rungs of governance in rural and urban local bodies.

Internationally, Pakistan tried to bring attention to India’s move on article 370 calling for a UNSC session on August 16 with support from China. But all leading UN SC members US, France, Britain, Germany and Russia and other members rejected the Chinese and Pakistani demand to issue a statement on the abrogation of article 370. The UNSC acknowledged that India’s move to revoke article 370 was an internal matter and this measure was to bring normalcy and development in J&K.

It is indeed ironic that dozens of films based on the subject of Kashmir have been shot there but in three decades not a single movie theatre had existed in Srinagar. The opening of a new cinema hall in Srinagar heralds the changed times for the valley. After three decades of conflict which was marked by a violent insurgency, propped up further by cross-border enabling, Kashmir has begun to feel normal.

Srinagar’s iconic Bakshi Stadium has been refurbished and equipped with world-class facilities which are at par with FIFA standards. A 150-bedded state-of-the-art super speciality hospital equipped with all the advanced medical facilities, was inaugurated in Nowgam.

This year the foundation stone of a mega-mall in the Sempora area of Srinagar has been laid, and represents the first direct foreign investment project in the Union Territory of Jammu and Kashmir (UT of J&K ). J&K received a record investment of Rs 1547 crore during the current fiscal year, till March 2023, the highest ever compared to any previous financial years.

While there may be much to be cynical about, all of these developments are an attestation to the changing atmosphere in the Valley.

Much of the development blueprint that the government had in planned in the aftermark of the abrogation of Article 370, had to be postponed because of the onset of Covid-19 pandemic and imposed lockdowns through 2020 and most of 2021. But since then massive infrastructural development has commenced by way of the New Industrial Policy (NIP) 2021, which came into effect in Jammu and Kashmir on Apr 1, 2022. Both the centre and UT of J&K are laying out attractive schemes for the global investors to come and invest. The purpose of the Jammu and Kashmir Industrial Policy (JKIP) 2021-30 is to provide an industrial ecosystem in J&K, in line with the national economic trajectory, removing the artificial legal and economic barriers between J&K.

With a total spending outlay of Rs. 28,400 crores i.e., 3.7 Billion USD up to the year 2025, the largest incentive to date, the new industrial policy will also focus on equitable development through a graded incentive structure that rewards both manufacturing and service sectors in remote areas of J&K.The J&K private-industrial Estate Development Policy, is a land allotment policy which has been initiated to incorporate a mechanism of public-private partnership in the industrial sector. Steps are being undertaken by the UT of J&K towards reducing compliances on “Ease of Living” and “Ease of Doing Business” which has received tremendous response from various potential investors. All of this has started to show its result and the UT of J&K is now emerging as an investment hub. Officials indicate that thousands of investment proposals have been received with an anticipated investment of about Rs 66,000 crore in near future. J&K’s arts, handicraft and handloom sector has recorded an unprecedented growth registering Rs.729 crore worth exports. Lt Governor Manoj Sinha proudly declared earlier this year that, “A new industry is becoming operational in the UT every day. Last month, 45 industries started their operations.”

Because almost 70 per cent of the economy is based on agriculture in J&K, plenty of planning and investment is going towards increasing agri efficiency, production, productivity, and profitability. Private firms have been permitted to undertake cluster farming of specific horticulture crops, just like other crop clusters across the nation. For instance the FIL Industries will develop an ‘apple cluster’ in Shopian. Earlier this year the government launched an ambitious Sensor based Smart Agriculture project with an initial investment of 30.40 crore for 29 projects, which will integrate agriculture with technology driven by Artificial Insemination and IoT, bringing transformative innovation for J&K’s agri-economy. Projects like the Holistic Agriculture Development Program (HADP) have been launched in order to create a robust market ecosystem, improve the Terms of Trade (ToT) in favour of farmers, and facilitate the branding of agricultural produce to promote marketing and competitive advantage of niche crops.

Tourism which has always been the backbone of Kashmir economy has thrived especially since the second half of 2022 when more than around 14 million tourists visited the J&K. In order to provide a varied experience to visitors the government is promoting offbeat tourist destinations. This in itself is testament to the growing sense of security in J&K. Health tourism has become the new buzzword for J&K. AYUSH hospitals that provide facilities like herbal treatment, yoga, aimed at promoting healing and well-being are being set up at Pahalgam, Gulmarg, Srinagar, Sonamarg, Patnitop, Katra, and Golf Course Jammu, with some already operational. Earlier in May, delegates from G20 nations were able to visit Kashmir for the first time during the 3rd G20 Tourism Working Group Meeting.

Speaking about the current security situation in the valley, at the 52nd Session of the UN Human Rights Council in Geneva, Tasleema Akhtar said, “Police and military casualties reached an all-time low. Civilian casualties, though very unfortunate, were less as well. There were just 24 law and order incidents in 2022 and there were no incidents of stone pelting in the valley. Compared to this, over 400 incidents took place in 2018.”

Indeed ranging in three to four digits, fatalities have come down to 30 in 2022 – a clear indication that the security situation is well under control. Previously there would be frequent riots, and the children would suffer as the school and colleges were forced to close down during hartals. Incidents like thousands gathering for the funeral services of a terrorist and stone pelting after encounters have also reduced. “Stone pelting on roads, hartals and closure of schools and colleges is history now. Out of 365 days a year, 100 days would witness hartals that would take toll on business, and education of children studying in schools and colleges,” said J&K Lieutenant Governor Manoj Sinha while addressing a gathering on the occasion of 75th Independence Day.

It is legitimate to question whether the situation in Kashmir has indeed improved since the abrogation of Article 370. It would be a misnomer to state that violence has completely dissipated; Three decades of insurgency in Kashmir had made unrest and state of tension was almost chronic. Today some of that violence continues but has been massively contained. And although the level of violence is much reduced, problemattic issues related to governance and elections remain on the political agenda. The government’s delay in conducting Assembly Elections and restoring statehood is providing opportunities to elements inimical to peace, to spread misinformation. J&K was enduring widespread corruption that kept lakhs of ordinary citizens devoid of basic facilities for decades. The disorder which was the result of separatism was endemic for almost three decades will take time to correct but the process has begun. The return of full scale normalcy in Kashmir after three decades of insurgency will involve trust building, which will take time. The main emphasis should be the prevention of a resumption of violent radical conflict, which can be done through economic development that is inclusive and establishing democratic political institutions to the configuration of the particular society in the Union Territory of Jammu and Kashmir.

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