The Kashmir Conflict: The Implications of Article 370
Jammu and Kashmir have, since the independence of India from the United Kingdom, enjoyed autonomy from the Indian government in most matters. Article 370, a then-temporary provision of India’s Constitution, has allowed the region to maintain its own constitution and government. However, in a campaign promise for the May 2019 election for Prime Minister, Narenda Modi and the Bharatiya Janata Party (BJP) promised to revoke several of the autonomies that the state benefits from. In its first installment of this promise in June 2018, the party pulled itself from an alliance with the People’s Democratic Party (PDP) of Jammu and Kashmir, and installed a governor chosen by New Delhi. This new governor was a figurehead for the BJP, and Jammu and Kashmir lost the right to self-government. Then, on August 5th of 2019, the BJP revoked Article 370 and deprived Jammu and Kashmir of all remaining autonomy.
Without its regional government, Jammu and Kashmir stands powerless against the Indian government and its actions. This has led to several temporary measures being installed by New Delhi, including the cutting of Internet and cellular services, and the banning tourists from entering the region. India has also cracked down on political figures, committing violations of human rights against them after jailing them.
The Internet and cellular service in Jammu and Kashmir was cut just hours before the announcement of the revocation of Article 370. Unlike other governments which employ censorship against particular websites, India’s government has completely shut down the infrastructure required to run any type of Internet connection. The communication blackout was called pre-cautionary by New Delhi, which claimed that it would mitigate violence. The ban on Internet and cellular service lasted 71 days until service was partially restored to Kashmir on October 14th. SMS messaging was banned only one day later, again as a precautionary measure, after two terrorists killed a man only a couple of hours after cellphone service was restored. The lack of communications from the Jammu and Kashmir region meant that loved ones could not contact one another, and the international community was left unsure of what was truly occurring in the region.
Tourists were also forewarned of the possible implications of Article 370 being revoked. Told to leave mere days before the tumult began, tourists were finally allowed back into Jammu and Kashmir starting on October 10th. Many believe that tourism will sharply drop after the events of the past two months, including travel agent Syed Asif, who stated, “No tourists will come to Kashmir with paramilitary forces all around. The damage has been done.”
Perhaps the most egregious effect of removing Article 370 from of the Constitution is the human rights violations that are occurring within Jammu and Kashmir. India deployed several thousand troops to keep peace, adding onto an already heavy military presence in the region. Within a month, these troops had detained over 4,000 people and installed paramilitary rule, including a mandatory curfew. Many of those imprisoned are political figures, including over 200 politicians and 100 activists. Several people within the state have complained that they have been beaten and burnt, some claiming they were tortured by Indian troops in the area; Some for no crime at all. These major violations of human rights continue, and the international community remains uncertain of the full extent of injury, due to the lack of ability to communicate with Jammu and Kashmir due to the communications blackout.
All of these measures, including the cutting of service and paramilitary rule, were justified by New Delhi as being necessary in order to usher in a new era of economic development and civil rights for the region and India. However, these measures and actions have done irreparable harm to a region already suffering in the conflict between Pakistan and India, both of whom claim right to the region.
The international community as of yet has taken no action against Modi for his government’s actions in Jammu and Kashmir, although several leaders have spoken out concerning his actions. The UN has warned that the incident could present a dangerous precedence. U.S. President Donald Trump has urged Modi to focus on improving ties with Pakistan and work towards peace in the Kashmir region, offering himself as a moderator between the two. Pakistani Prime Minister Imran Khan warned that this could lead to a face-off between India and Pakistan, two nuclear states who have been at odds for decades. Despite such worries that worry that the conflict could lead to further consequences, no action has been taken against India for its acts in the region. The inaction and the inhumanity all contribute further to the continuing injustices that Jammu and Kashmir face. The question remains: what’s next for Jammu and Kashmir?
