India’s Supreme Court

In a contentious and widely criticised verdict, India’s Supreme Court recently upheld the government’s controversial move to strip the state of Jammu and Kashmir of its special status by revoking Article 370. This decision, implemented in 2019 without any consultation with the Kashmiri people, has faced international condemnation for its blatant violation of the UN resolution on the disputed region. Despite the oppressive measures taken by the government, including a prolonged military crackdown, political imprisonments, and internet shutdowns, the highest court in India has now endorsed this unilateral and undemocratic action.
The Chief Justice of India, DY Chandrachud, in justifying the decision, claimed that the revocation of Article 370 was within the government’s legal powers. He argued that the article, originally intended as a temporary measure after Kashmir’s accession to India, had lost its validity in the present circumstances. However, this reasoning conveniently overlooks the fact that the abrogation was executed without any due consultation with the people of Kashmir, directly undermining the democratic principles that any functioning democracy should uphold. The aftermath of the Supreme Court ruling has exacerbated the suffering of the Kashmiri people, who have been subjected to de facto house arrests, restricted movement, and continuous harassment. The verdict not only dismissed the historical significance of Article 370 but also neglected the promises made to the people of Jammu and Kashmir to safeguard their autonomy. The extensive military presence and the ongoing curfew have further stifled any dissent, suppressing the voices of those who vehemently oppose this unilateral decision.
The controversy surrounding the Kashmir region predates India’s independence in 1947 when it was contested between India and Pakistan during partition. After Jammu and Kashmir became part of the Indian union, Article 370 was passed initially as a temporary measure to enshrine certain independent rights and protections for Kashmiris, including their own constitution and flag. It was later affirmed as a more permanent measure in the state through various court rulings. The international community, closely observing the situation, has expressed concerns about human rights violations and the erosion of democratic values. The United Nations resolution on the Kashmir dispute has been blatantly ignored, setting a concerning precedent for conflict resolution and adherence to international law. The Supreme Court’s decision not only disregards the aspirations of the Kashmiri people but also undermines the credibility of international efforts to address longstanding disputes through peaceful means.
The Supreme Court’s decision serves as a triumph for the ruling Bharatiya Janata Party (BJP), which has long advocated for the revocation of Article 370. Despite the party’s claims of restoring security in the region, militant attacks have persisted, raising questions about the real motives behind this drastic measure. The reaction from Kashmir’s political leaders, including Mehbooba Mufti, emphasises that the struggle for justice and autonomy in the region is far from over.
In conclusion, the Supreme Court’s validation of the government’s decision to strip Jammu and Kashmir of its special status is not just a blow to justice and democracy; it is a blatant disregard for the principles of self-determination. The international community must take note of the ongoing crisis and work towards a just and peaceful resolution that respects the rights and aspirations of the Kashmiri people. The struggle for dignity and autonomy in the region persists, transcending legal decisions and demanding a comprehensive and inclusive dialogue for a lasting solution. The global community’s role in ensuring justice, human rights, and democratic principles is crucial in resolving this longstanding conflict and preventing further deterioration of the situation in Jammu and Kashmir.

The writer is a Disaster Emergency Management Professional, Public Health Professional, Psychologist Criminologist and International Relations Expert as well as a freelance Columnist. He can be contacted at: dremergencybwp@gmail.com

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