Kashmir remains the core issue between two nuclear states and arch rival in South Asia. UNSC has repeatedly pledged ‘Right of Self-Determination’ to Kashmiris through numerous Resolutions. However, India has been in defiance ever since and still continues to do so. Ironically so-called world powers have remained divorced from the issue, predominately due to vested interests related to power contestation. Even Indian unilateral revocation of her two constitutional Articles 370 and 35 A has not been able to awaken the sleepy conscious of world powers. Does it reflect their hypocrisy and inhumane feel? Does it reflect biasness towards Islam as a religion as Muslims are in clutches? Does the solution misfit in their construct of geopolitics and regional / global game? Does it hint not to allow respite to potentially strong and rising Pakistan? Whatever may be the case, Kashmiris are facing cleansing and war crimes by Fascist Modi led RSS in IIOJK. They are into the Indian clutches since last 75 years. What a never-ending night for them!! Still the light is missing their dreams even. Still their life stands on knife’s edge. What a tragedy!!
Article 370 (Special Autonomous Status) was drafted by so-called PM J&K Sheikh Abdullah appointed by Hari Singh and Nehru. Whereas 35A (Permanent Resident Law) was inserted via 1954 Constitution Order which was issued by then President Rajendra Prasad on the advice of PM Nehru. Based on this, the State Constitution at the time of its adoption in 1956 defined permanent resident as the one who was a state subject on May 14,1954 or who has been a resident for 10 years or has lawfully acquired immovable property. With the revocation of these Articles, IIOJK has been made a free run for all especially enabling Hindus to settle in IIOJK thus forcing demographic changes which stands as war crime as the area is disputed between Pak and India as per UNSC Resolutions.
As regards to Delimitation in IIOJK, let’s see the stats first. In 1995, Kashmir was allocated 46 seats (Means 55.42% representation in assembly for 56.15% of population) and Jammu was given 37 seats (Means 44.57% Assembly representation for 43.84% of population). This reflects Jammu was already having ‘more pie than entitled’.
Modi in pursuit of manifesting Fascist regime and Party Manifesto, triggered changing the political power structure in IIOJK and thus on 6th March 2020 constituted ‘Delimitation Commission’ to redraw the electoral map of IIOJK. Composition of the said Commission itself reflects mal intent and partisan makeup as it comprises three MPs from ‘Farooq Abdullah’s National Conference’ (historically a puppet) and two from BJP. Riding on Modi’s intent, on 20th December 2021, Commission proposed six additional Assembly seats for Jammu region whereas only one more seat has been added for Kashmir valley. The proposal would take the number of Assembly seats in Jammu to 43 from existing 37 and to 47 in Kashmir from 46. The commission has proposed to carve out one seat per 1,25,082 people in Jammu region and one seat per 1,46,563 people in Kashmir region. The stats clearly speak that ‘Hindus dominated constituencies’, though less populated, have been further shortened to allow 6 more seats to change the political landscape. This mal-intent recommendation is an ‘assault on political centrality, supremacy and landscape’ and hence part of the series of measures to ‘disempower Kashmiris in IIOJK’. As the reality stands, Kashmir Valley leads Jammu by 15 lakhs in numbers as per the last census of 2011. Undertaking this exercise in haste while India was due for census in 2021 and delimitation in 2026, itself cement Modi’s mal intent to force change in political construct.
People of IIOJK believe that proposal of ‘Delimitation Commission’ is part of BJP’s ‘Dream Project’ of installing a Hindu chief minister in Muslim-majority IIOJK. Once this becomes reality, not only it would allow legitimization of illegal and unconstitutional decisions of August 2019, but would provide Modi desired space to mould the Constitutional Provisions and laws the way it suits him. This would be most lethal for Kashmiris struggling for realization of ‘Right of Self Determination’ as they would be under Hindus apartheid. Irony is that all pro-Indian establishment parties are also feeling the heat. Their heads are opposing the ‘Delimitation Commission’ proposal as their space of exploitation would get further squeezed once Hindu Chief Minister steps in to rule them. Whereas ‘Gupkar Alliance’ comprising 5 political parties engaged in restoration of Article 370 and 35A has unanimously denounced the said proposal stating them highly divisive, undemocratic, mal-intended to further disempower the people of Kashmir and unconstitutional as revocation of articles is sub judice in Indian Supreme Court. Lately Indian Supreme Court has also proven to be RSS dominated court.
There are series of attempts changing IIOJK which are absolutely tangent to UNSC resolutions, international laws and moral ethics. But unfortunately, world at large seems sleepy. On the hand, Kashmiris are being subjected to massive cleansing, human right abuses and Hindu apartheid. Sparingly there are stories in world media and HR organizations but the so called ‘power centers’ are still insensitive to the miseries of Kashmiris in IIOJK. It seems they prefer their vested interests over humanity / rule of law. Irrespective of the challenges, Pakistan’s stance is very clear that any Indian unilateral action in IIOJK after UNSC Resolutions does not have any legal basis. Pakistan being a party to the issue stands solid on UNSC Resolutions and support their implementation at the earliest to end miseries of Kashmiri masses. Any further delay means night getting further dense and long for Kashmiris engaged in fighting for pledged right given by UNSC. It is high time that the world ‘feel for Kashmiris’. Pakistan Government must make a comprehensive strategy encompassing political, diplomatic, military cum intelligence, academia, diaspora and media maneuvers to sensitize their counterparts in important capitals and their masses about the pending Kashmir Issue, Indian blatant defiance to UNSC resolutions and Kashmiri cleansing / grave human right abuses / war crimes in IIOJK by Indian LEAs. No platform must be spared in raising the issue. May Allah be kind and bless Kashmiris with ‘Right of Self-Determination’.
The writer is a student at School of Law, Quaid-e-Azam University Islamabad. He tweets @yusufzaman0123.
