Kashmir remains the core issue between two nuclear states and archrivals in South Asia. The United Nations Security Council (UNSC) has repeatedly pledged the ‘Right of Self-Determination’ to Kashmiris through numerous resolutions. However, India has been in defiance ever since and still continues to do so. Ironically, global powers have remained divorced from the issue, predominantly due to vested interests related to power contestation. Even India’s unilateral revocation of two constitutional Articles 370 and 35 A has not been able to awaken the sleepy conscience of world powers. Whatever may be the case, Kashmiris are facing cleansing and war crimes by fascist Modi’s RSS in IIOJK. They have been in Indian clutches since the last 75 years. Article 370 (Special Autonomous Status) was drafted by the so-called PM J&K Sheikh Abdullah, appointed by Hari Singh and Nehru. 35A (Permanent Resident Law) was inserted via a 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 a permanent resident as 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 Pakistan and India as per UNSC Resolutions.
With regards to the delimitation in IIOJK, let’s see the stats first. In 1995, Kashmir was allocated 46 seats (55.42 percent representation in the assembly for 56.15 percent of the population) and Jammu was given 37 seats (44.57 percent Assembly representation for 43.84 percent of the population). This reflects Jammu was already having ‘more pie than entitled’. Modi in pursuit of manifesting his fascist regime and party manifesto, looked to change the political power structure in IIOJK and thus on March 6, 2020 constituted the ‘Delimitation Commission’ to redraw the electoral map of IIOJK. The composition of the said Commission itself reflects malintent and a 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 December 20, 2021, the Commission proposed six additional Assembly seats for Jammu 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 ‘Hindu-dominated constituencies’, though less populated, have been further shortened to allow six more seats to change the political landscape.
The people of IIOJK believe that proposal of the 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 for the legitimisation of the illegal and unconstitutional decisions of August 2019, but would also provide Modi the desired space to mould the Constitutional Provisions and laws the way it suits him. This would be most lethal for Kashmiris struggling for the realisation of the right of self determination. The 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. The Gupkar Alliance, comprising five political parties, engaged in the 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 an RSS dominated court.
There are a series of attempts changing IIOJK which are absolutely on a tangent from UNSC resolutions, international laws and moral ethics. Irrespective of the challenges, Pakistan’s stance is very clear; any unilateral Indian 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 supports their implementation at the earliest to end miseries of the Kashmiri masses. Any further delay means the night gets further darker for Kashmiris engaged in fighting for the pledged rights given by the UNSC. It is high time that the world feels for Kashmiris. The Pakistan Government must make a comprehensive strategy encompassing political, diplomatic, military and the intelligence, academia, diaspora and media manoeuvres to sensitise 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.
The writer is a student of law at Quaid-E-Azam University.
Any unilateral Indian action in IIOJK after the UNSC resolutions does not have any legal basis.