On 5th August 2019, Amit Shah proudly announced in the Monsoon session of the Indian parliament that Article 370 was revoked and Jammu and Kashmir was divided into two Union Territories wherein the newly demarcated area of Jammu and Kashmir was given the tag of Union Territory with a legislature. In contrast, Ladakh was placed as a Union Territory without a legislature. Naturally, there was a lot of controversy around this, with many of India’s closest geopolitical allies not recognizing this merging of Jammu and Kashmir into the Union of India. With the Supreme Court accepting the constitutional validity of the abrogation in December 2023, Article 370 ceased to exist officially in our constitution.
Article 35A, a significant provision added under Article 370, has also been revoked. As a result, permanent residents who were granted exclusive rights to own property in Jammu and Kashmir and specific benefits such as employment with the state government have been taken from them. Its goal was to preserve the unique demographics of the state, which is the only one in India with a majority of Muslims. Some saw it as hurting growth and discriminating against non-Muslims, among them the BJP. A comparable regulation existed before India gained its independence in 1947, but it was not introduced in its current form until 1954. Naturally, these Articles gave the government the right to introduce inhumane laws like SRO 43, where locals killed during militant combat would be paid some monetary compensation and a state job.
While some welcomed the move, others did not. Although this is a separate matter altogether, it is pivotal to briefly remind you how key leaders of Jammu and Kashmir have been put under house arrest for the longest time. However, you would not find any mainstream political leader openly condemning the decision of assimilation. Unfortunately, ever since the abrogation, the dream of being included with mainland India and the promise of democracy has not been fulfilled. With Amit Shah announcing the planned removal of the draconian Armed Forces (Special Powers) Act (AFSPA), leaders have welcomed this move with skepticism because the government has not been able to deliver on promises like fewer internet shutdowns and curfews. Elections that were supposed to be held in 2021 were delayed due to the pandemic, but the wait until 2024 seems too long for the average Kashmiri. The skepticism is valid as a union territory that was promised to have a legislative body and fair elections have yet to be delivered, and considering the strained relationships between the parties involved, such delays only complicate things.
Members of minority Buddhist communities supported the move initially; however, many eventually expressed concern about losing their employment and land in the Himalayan region, thus reflecting a loss of confidence among the locals. The Supreme Court has given the generous deadline to conduct elections by September 30, 2024. Hence, the current schedule of elections, as announced from 19 April to 1 June 2024, is also being taken with a pinch of salt. Considering many states are having their state elections along with general elections, J&K being deprived of a similar opportunity by the Election Commission of India is again looked at as a question mark on Kashmir’s dedication to their nation.
Source: iPleaders
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