By Humais Sheikh
The immortal and untiring struggle of Kashmir is at a phase of hibernation after India under the regime of Modi having extremist sentiments against the people of Kashmir by removing their special status of a state subject. The world abnegated the Modistian Nazism after the revocation of article 370 and 35A. Kashmiris have suffered a lot at the hands of barbaric Indian forces in the region IOJ&K. They have been murdered, tortured, raped, blinded and deprived of the basic necessities of life. By grabbing their special status Indians beguiled them by attempting to jeopardize their legitimate freedom struggle. It is now the time for the International community to twist the callous which they have for Kashmir by embracing and supporting their struggle. The annals of Kashmir struggle show that whenever India tried to dominate it, it came up with a new phase with more intensity and hunger for freedom. The same could be speculated post abrogation of article 370 and 35A, the struggle of Kashmir instead of getting dormant will potentially witness its maximum power the following research entails how it will be going to happen. It’s a do-or-die situation for Kashmiris and they will not refrain from any worst-case scenario. Most of us might be thinking that the action of August 5th has subverted the Kashmir struggle but in reality, it has given that struggle a new birth.
The beleaguered valley of Kashmir is not only an unfinished agenda of Indian Independence it has evolved itself into a gigantic conflict with regional peace and stability at stake. Up till now, Indian occupied Jammu and Kashmir have witnessed unprecedented violations of human rights mainly women and child abuse. Indian Occupied Kashmir is divided into three different districts: Kashmir, Jammu and Ladakh. Srinagar is the capital of the state and by far it's the largest city. The population of IOK is 13 million. The people of Kashmir have been facing the brutality and inhumane actions of the Indian government since 1947. Indians call Kashmir as their delicate part and Pakistan considers it as its jugular vein. So far, three wars have been fought between India and Pakistan over the Kashmir issue. The Kashmiris want that they should decide their fate themselves as committed to them by the UN resolutions (1948-49). Indians always find an escape from these resolutions, calling Kashmir an internal dispute and suppressing the poor Kashmiris. They have been using security establishment to control Kashmir which verily resulted in human rights violations. Government of India under Modi never had a will of a serious table talk with Pakistan which could lead towards the solution of this issue. Abrogation of article 370 and 35A has added insult to injury. Indians have always manipulated the facts and used their overwhelming media power to hijack the Kashmir cause internationally. Both the nations have contesting claims of sovereignty over the territory of J&K. Quaid-e-Azam Muhammad Ali Jinnah on Feb 3, 1946, giving an interview to "Daily Hamdard" about Kashmir Issue said:
“Although I am fully occupied with the British Indian Elections just now yet I have not forgotten the problems of Kashmir he said, I am fully conscious of the suffering of the people there and that though the burden of the struggle against repression and oppression was mainly to be born by the people of Kashmir, we shall always help them in every possible way…”. He also said; “In search of an inventive approach to untangle the Kashmir Knot, the ‘merit of the case’ was not a good starting point. Firstly, we might not agree on the merit: we did not for over six decades. Secondly, and more importantly: complex issues are not resolved by providing one or the other side wrong, but by identifying common causes that can be pursuedtogether”.[1]
[1] Abdul Majid, Mahboob Husain, "Kashmir: A Conflict between India and Pakistan", The Journal of South Asian Studies, June, 2016.
Kashmir was part of an autocratic princely state. Maharaja Gulab Singh was recognized as a tributary and vassal maharaja through the treaty of Amritsar (1846). Gulab Sigh supported the British Empire during the Anglo-Sikh war and was confirmed as the ruler of Kashmir by the colonial regime. He maintained economic superiority of Hindus in the valley and at the same time toiled majority Muslim population in economic subservience[1]. Indian independence act 1947 made provision for states to enter into a federal relationship with either India or Pakistan, no third option available if a state wanted to choose to be independent. The Maharaja Hari Singh successor of Gulab Singh wanted Kashmir to become independent so he offered to sign Standstill Agreements with both the dominions. On 12 August 1947, telegrams were sent to both Pakistani and Indian leadership to offer a standstill agreement. Hari Singh in the cover of his standstill offer was allegedly expelling Muslim villagers from Jammu. In the first week of November 1947 in the name of an evacuation, a large number of Muslims were brutally murdered. Following these massive killings and brutality of the Hari Singh - India nexus, Tribesmen/soldiers from Pakistan invaded J&K. They succeeded in liberating 1/3rd of the state which is now known as Azad Jammu and Kashmir. UN intervened and passed several resolutions (1946-48) to hold a plebiscite in the territory which resulted in ceasefire and formation of a line of control which exists till today. Later Indians flunked from this decision and further militarized the state to maintain their hold. Indians under the regime of Modi and machinery of Doval doctrine played their biggest card by removing the special status of Kashmir. With it, they tried to put the Kashmir struggle at a halt. This structured attempt of Fascist Modistian regime has malicious intentions against Kashmir. They want to suppress the independence movement and break the will of Kashmiris. Indians placed a communication blockade in the region and curfew was imposed in the valley which has still not been removed. This attempt of the Indian government was ultra vires to its own constitution, which was later proved by the judgment given by Supreme Court of India on the same issue that it is against the article 19(1) of the Indian constitution.[2]
[1] Dr. Usman W. Chohan and Omer Aamir, "Kashmir: Beyond Imbroglios", The Airforce Journal of Indo-Pacific Affairs, June 10, 2020.
[2] Krishnadas Rajagopal, “SC: review ‘forthwith orders curbing basic rights, free movement in J&K”, The Hindu, January 10, 2020.
This research paper has been written after getting feedback from various academic scholars. A survey has been made to know the public opinion on the issue. The research method adopted was mixed-method research. To make this paper more informative both quantitative and qualitative data has been used. The motivation behind writing this paper was to add my efforts for the Kashmir cause through the power of the pen. The people of Kashmir and their cries unheard deserve this kind of academic support. The world should acknowledge the struggle as it is based on truth and legitimacy. Kashmir issue has international relevance as it is a nuclear flashpoint. The peace and stability of the region depend upon the peaceful resolution of the Kashmir issue. Any negligence towards the dereliction of Kashmir issue can result in an uncontrollable escalation between the nuclear neighbours. Operation swift retort and Indian action of grabbing the special status of Kashmir after it has worsened the already fraught situation. Kashmir struggle has entered into a decisive phase with everything stake. It is now a necessity for Kashmiris of Indian occupied Jammu and Kashmir to strengthen their armed struggle against India. The UN charter gives them the legitimacy to pick up arms against the Indian threat to their Identity.[1]
[1] Abdul Majid, “Kashmir armed struggle and UN charter”, Kashmir Watch, August 7, 2016.
The research work has been framed using a combination of theories, first the theory of Political autonomy and Independence by K. Abbinik and J.Brandt. The second theory is New wars theory proposed by Mary Kaldor. The theory of Political Autonomy and Independence explains the process or struggle to work upon which a subordinated region of a country gets political autonomy and Independent existence. The other theory of New war is relevant to the struggle of Kashmir as it explains how a conflict in the modern world is processed. It explains the new dimensions for an armed struggle in the present conditions.
The struggle of autonomy of Kashmir started in 1947 and is still alive. The struggle in itself is comprised of both political and armed phases. Post abrogation of article 370 and 35A the struggle is in the dormant phase because of communication blockade and curfew. The potential is still alive and all set to fight for its rights.
First Phase:
The first phase of Kashmir struggle started in 1947 and ended in 1953 as the unfinished agenda of partition continued to play its menace. The first phase comprised of initiation in the political struggle after the Pak-Indo war of 1948. The war entered a stalemate in the middle of 1948 after India approached the UN and resolution 47 was passed with the decree of the ceasefire.[1]A ceasefire was proclaimed in 1949, as a result, a temporary line of control was formed with India administering two-third part of Jammu and Kashmir and Pakistan administering one-third part. The UN resolution 47 came to provide the Kashmiris with their right of self-determination through a plebiscite but Indians reverted from UN decision challenging its legitimacy and status. In 1951 elections were held in IOJ&K and Sheikh Abdullah got into power. UN passed a resolution 91 challenging the elections held and establishing a military observer's group to supervise the cease-fire in the state.[2] 1953 came with a coalesce against Sheikh Abdullah and he was claimed to be forming a coalition with Arab states and America to make an Independent state. After this allegation, he was imprisoned for the next decade paying the price of trusting the Indian government.
[1] Muhammad Junaid, “Kashmir a historical timeline”, Adi magazine, 2020.
[2] ibid
Second Phase:
The second phase of the Kashmir struggle started when G.M. Bakshi took control of the charge after the removal of Sheikh Abdullah. His appointment was rejected by the local population and the sombre era of Kashmir's political autonomy started. The dissent of Kashmir was crushed by the India-loyalist Bakshi and erosion of autonomy began. Afzal beg came forward to challenge this India centric government in Kashmir forming a liberation front.
Mir Qasim a political leader of Indian occupied Jammu and Kashmir describes the tenure of Bakshi’s government in these words:
“The common man under Bakshi’s tyrannical rule was denied even basic civil liberties. Political dissent was sought to be crushed ruthlessly. The Government agents forced hot potatoes into the mouth of opponents, put heavy stones on their chest and branded them with red hot iron. The peace Brigade, which Bakshi Sahib 127 had set up, initially consisted of political workers, but later bad characters infiltrated into it, especially in Srinagar. They were free to harass the people and humiliate the women folk.”[1]
[1] Sayyid Mir Qasim, “My Life and Times”, Delhi: Allied Publishers, 1985: 82.
In 1956 a new constitution was adopted by the constituent assembly of Jammu and Kashmir according to which the state was declared as an integral part of India. This move by the puppet government of India was contested by the concomitants of the plebiscite front. Following this constitution, in 1957 UNSC resolution 122 came out asserting that the will of people is the future of Kashmir status.[1] Sino-India war broke out in 1962 marking a dreadful defeat of India. Chinese took control over a large part of the Ladakh region specially Aksai chin which was the part of Jammu and Kashmir.[2] Then 3 years later the belligerent mentality of Indian leaders caused the Indo-Pak war of 1965 over Kashmir, Sheikh Abdullah was a staunch supporter of Pakistan in this war. In 1971 war when Pakistani forces surrendered in East Pakistan, a process of rethinking initiated in Kashmiris for their struggle as Pakistan was not in a position to support them at that time.
[1] Ahmer Bilal Soofi, Jamal Aziz, Muhammad Oves Anwar, Ayesha Malik, Shayan Ahmed Khan, “ THE STATUS OF JAMMU & KASHMIR UNDER INTERNATIONAL LAW”, Research Society of International Law, 2019: 6.
[2] Bruce Riedel, “As India and China clash, JFK’s ‘forgotten crisis’ is back”, June 17, 2020.
Third Phase:
The third phase started when Indra Gandhi was holding the seat of Indian PM in 1977. Congress lost the elections in the 1977 general elections. Kashmiri diaspora in the United Kingdom jumped on the bandwagon and as a gesture of solidarity with the independence movement Jammu and Kashmir Liberation Front was formed on May 29, 1977.
Fourth Phase:
It started in 1984 when Indra Gandhi was assassinated by her bodyguard.[1] In 1986 a curfew of 70 long days was imposed in the state and Ghulam Muhammad Sheikh was installed as the Prime Minister. This was the phase when the Indian government openly started to interfere in the politics of Kashmir. 1987 elections were rigged and deliberately rejected by the public. The arrest of Sheikh Abdullah following the contest against the rigged elections initiated a revolt in the state[2]. This revolt from 1989 transformed into an armed struggle which started the fifth phase.
[1] Prabhash K Dutta, “The last day of Indra Gandhi”, October 31, 2018.
[2] Maemuna Sadaf, “Political Phases of Kashmir Freedom movement: History and future”, Kashmir Watch, August 16, 2018.
Fifth Phase:
This phase comprises a combination of both political and armed struggle against the illegal Indian occupation in the state. It started in 1989 and is still alive this phase saw a major shift in the thought process of Kashmiris living in the valley and those living abroad. It also changed the international community's overall perception of Kashmir conflict. It forced prodigious youngsters like Burhan Muzzafar Wani to join the armed struggle as a last resort for getting their right of self-determination. It saw an unprecedented wave of Human Rights violation in the shape of sexual assault against women, killing and torturing people, blinding them with pallet guns, communication blockade and enforced disappearances. This phase saw the peak of resistance when Burhan Wani was killed by Indian forces with massive protests and processions against the act in the state as well as internationally.[1]
[1] Fahad Nabeel, Hassan Riaz and Zeeshan Muneer, “The martyrdom of Burhan Wani and the recent Indian violence in Indian-held Kashmir”, CSCR, 2016.
The Hindutva rhetoric comes with a whammy outlook an ideology envisaged with the notion of ruination. Indian sub-continent bore the brunt in the face of Hindutva after its partition. The Beelzebubs in the face of Hindutva followers have always tried to damage the values of Humanity. They have never considered basic human teachings to drive their motives. The term Hindutva in itself projects a very cynical image of religious superiority over all others. Even the low cast followers of Hinduism get affected by this toxic ideology. Historically the religious factor has always remained as the base of a conflict and been used as a tool to encourage and motivate the destructive forces. Indian government under BJP is a puppet of RSS (Rashtriya Swayamsevak Sangh) which was made to achieve the aim of Akhand Bharat being driven by the Ideology of Hindutva. The concept of Hindutva is somehow related to the teachings of ideologies like Fascism and Nazism which killed hundreds of thousands of people to propagate their nationalist agenda. These schools of thought were the reason to build concentration camps torturing people enslaving them to achieve the so-called greater aim. The BJP government has come up with the same plan and the most targeted and brutalized community is the Kashmiri community which has been facing Indian Barbarism for a long time. Indians under the flag of Hindutva is trying to implement a colonial plan in the Kashmiri territory as an attempt to hijack their legitimate struggle. This malicious ideology Is not only dangerous for its people, but it has Its ties with regional peace and stability. The extremist mindset of Hindus is dragging the region towards a religious conflict. Such an ignition has International relevance and needs to be addressed. The secular outlook of India has now been proved as simply an illusion to get International support over domestic and international issues. The real aim behind it is an Akhand Bharat which challenges the sovereignty and integrity of many states. This aim is the one putting International peace and stability at stake calling for attention and steps taken over it.[1]
Every religion in its essence teaches peace and prosperity for all. The passel of RSS having an extremist ideology (Hindutva) in itself is against the indoctrination of Hinduism. We need to identify the extremist sentiments which are in a clear discord with Hinduism as a religion. The term of Hindutva was first coined by V.D Savarkar who was against Ghandism. He had a viewpoint of using strength and force as an approach to national issues characterized in the motto 'Hinduise politics and militarise Hindudom.’[2]The teachings of Hinduism are in contradiction with the ideology of Hindutva. The holy scriptures of Hinduism teach religious tolerance and prevailing peace and stability like every other religion. If we study Bhagavat Gita it delivers a message of peace and tolerance, In chapter 18 verse 42 it says: “Peacefulness, self-control, austerity, purity, tolerance, honesty, wisdom, knowledge, and religiousness-these are the qualities by which the brahmanas work”. On the other hand let us examine the view of RSS’s supreme leader M. S Golwalkar, he said: “The foreign races in Hindusthan [India] must either adopt the Hindu culture and language, must learn to respect and hold in reverence Hindu religion, must entertain no idea but those of the glorification of the Hindu race and culture, i.e., of the Hindu nation and must loose (sic) their separate existence to merge in the Hindu race, or may stay in the country, wholly subordinated to the Hindu Nation, claiming nothing, deserving no privileges, far less any preferential treatment — not even citizen's rights. There is, at least, should be, no other course for them to adopt. We are an old nation; let us deal, as old nations ought to and do deal, with the foreign races, who have chosen to live in our country.” Analyzing these facts one can clearly say that Hindutva mindset posits existential threats not only for foreign races in India but also for the true practitioners and followers of Hinduism.
[1] Mehr-un-Nisa, “Hindutva Through the Prism of Hinduism: A Religious Cataclysm”, Kashmir Institute of International relations”, 2020.
[2]Arvind Sharma, "Hindu tolerance is under challenge with the rise of the Hindu Right”, November 11, 2019.
Indian attempt to colonizing the region of Kashmir is unacceptable for its people. The Kashmiris are now in a do or die situation and they will strive to their last to achieve their right of self-determination. Indian attempt to make Kashmir an apartheid state is no longer hidden. Indian moves like; settlement and land seizure, Genocide and dehumanization of indigenous people, in the name of development Capitalism and resource extraction, demographic change, militarized legal occupation through AFSPA, rewriting history and construction of knowledge and playing the card of communalism.[1] Indians are all set for implementing an Israeli model in the Occupied Jammu and Kashmir as part of their malicious aims. Kashmir without any doubt is currently under the heel of Indian colonialism. This step of enforced colonization has direct relevance with the Kashmir movement as it shows the hypocrisy of the Indian government over the Kashmir issue. It also gives meaning to the need and legitimization of both political and armed struggle of Kashmiris. We need to understand the importance of this step. Two out of three parties of Kashmir issue (Pakistan & Kashmir) are being deprived of what they have struggled for almost 7 decades. This step has ignited lakes of fire in the hearts of both Pakistanis and Kashmiris. If India continues to pursue its expansionist agenda it would have serious implications upon regional peace and security. The Indian government has also issued 430, 000 domiciles as part of its Modi settlers scheme to make the non-residents of Kashmir as legal residents.[2] This action according to International law is Dolus specialis considering its special intent to change the demography of Kashmir and calls the attention of International organizations towards itself.
[1] “India’s 10 Steps to Settlers Colonialism In Kashmir”, Medium, July 3, 2020.
[2] “430,000 new domicile certificates issued as India enforces Modi’s settler scheme in occupied Kashmir”, Dawn, August 30, 2019.
Currently, the Kashmir struggle is witnessing a dormant phase because of the continuous lockdown from 5th August 2019. The will of Kashmiris will never die analysing the historical phases of the Independence movement. The movement will see a boon in the face of an improvised armed struggle as it is the last resort for the local population against the Indian brutality. Indian aims are against the autonomy and rights of the public in IOJ&K. The continuous state of imbroglio for the Kashmiris will face a similar response. UN resolution 3314 prohibits states from any sort of military occupation and resolution 1514 provides the oppressed with a power for an armed struggle against the oppressor.[1] International humanitarian law under Geneva protocol 1 legalizes the war of liberation.[2] Kashmiris are living under curfew since 5th August 2019. There is a serious communication blockade by the Indian authorities in the valley. The local population will never bow before the Indian attempts of suppression assessing their history. They have faced the worst and now they have been dragged into a situation where they have nothing to lose. The Hurriyat leadership under Mir Waiz Umer Farooq asserted that a peaceful solution should be negotiated for the Kashmir conflict otherwise the South Asian region would bear serious consequences.[3] The Kashmiris are analysing the situation and the thought process has been started to give an impactful response. The independence movement of Kashmir has two pillars one is a political struggle and the other is an armed struggle. People of Kashmir have all the options on their table to pursue both of them. The future of political struggle of Kashmiris considering the new developments could be governed by the aforementioned theory of Political autonomy and Independence by K. Abbinik and J.Brandt. According to this theory, the subordinated region of a country can attain a favourable position through the political process. To achieve it, first, the dominant and dominated regions interact through the voting process and degree of autonomy than gradually shifts from the dominant to the dominated entity. Indian attempt of changing the demography of Kashmir is to render the local people from attaining the political autonomy through the electoral process. Here, the other part comes into play that is, the armed struggle which could be explained well using the New Wars theory. This theory shows how in the present day conflict an armed struggle could be pursued involving all the stakeholders. It involves the use of arms to create space for a political discussion. Their armed struggle of independence can be justified under the resolution 1514(XV) making it a legitimate struggle by all sense. This use should be the last resort, in case Indians continue their obstinacy and not help in creating an environment for peaceful talks this would be the only option left.
[1] “Declaration on the Granting of Independence to Colonial Countries and Peoples”, December 14, 1960.
[2] Noelle Higgins,” The Application of International Humanitarian Law to Wars of National Liberation”, Journal of Humanitarian assistance, April, 2004.
[3] Yusuf Jameel, “Hurriyat faction led by Mirwaiz urges India, Pakistan to resume J-K dialogue soon”, Deccan Chronicle, August 4, 2020.
The military adventures of the Indian army in the valley demand a scurrying response in the same manner as a quid quo pro to make the Independence movement more effective. Along with the lives of 13.6 million Kashmiris in Indian occupied Jammu and Kashmir, the regional peace and stability are also at stake which makes millions of more lives in danger. Pakistan through its foreign office has asserted to provide full spectrum support to Kashmiris. The Indian belligerence on the side is not hidden considering the event of Balakot strikes. The question is; can the threshold be controlled if a situation like Balakot arises again? The answer is, no one knows. The long unattended issue of Kashmir got International coverage after the scrapping of articles 370 and 35A, which proved it to be a blessing in disguise. International scholars have started to write frequently on this issue, keeping in mind the nuclear factor and International peace. Indian military adventure and Pakistan's response to it was a call of attention to the International community for a speedy effort, to provide a conflict resolution model on Kashmir. In the present circumstances, the United Nations is the only option to be considered as a Forum Conveniens as per International to approach. This is the perfect time for the United Nations to call the shots, bring the parties on the table and convince them for a peaceful negotiation or otherwise get itself prepared to lock and load. A statement issued by the Indian Army Chief Manoj Mukund Narvane makes the malicious Indian intentions and their warmongering attitude crystal clear. He asserted that the Indian army will move to claim Azad Jammu and Kashmir if it is given orders by the government.[1] DG ISPR the official spokesperson of Pakistan army responded to it by stating that “Pakistan Armed forces are fully prepared to respond to any act of Indian aggression”. Currently, the situation can be handled through peaceful negotiations and Intervention of International organizations to legally discuss and resolve the matter. Any further delay could bring serious consequences because these laws will have no relevance - God forbidden if a war happens, as it is said in Int’l law terms; Inter arma silent leges (In time of war, the laws are silent).
[1] “ISPR dismisses Indian army Chief’s statement to undertake action across LoC as routine”, Dawn, January 11, 2020.
A possible way forward for this issue should be a one that could be acted upon realistically rather than being the one based on fiction and emotional sentiments attached to it. Here are a few options which could be used to aid the process of Kashmir struggle and make it impactful. This 5 point way forward was structured after getting inputs from people having an academic background and Kashmiris Diaspora through a survey. The results from the survey will be included where relevant.
“Kashmiris are like a phoenix born from ashes, which no longer has the fear of death. Their story is the story of resilience, hope and freedom, just like the story of a phoenix”