5th August – Unconstitutional move of Indian government and brazen violations of Human rights in IIOJK

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By Aroussa Hafeez

On 5th August, 2019, India took a unilateral step by abrogating Article 370 and 35A and permanently incorporating disputed state of Jammu and Kashmir in Indian Union. The decision left deep impact on the Himalayan region of Indian Illegally Occupied Jammu and Kashmir. India’s BJP-led fascist regime ended the special status of Kashmir, the unconstitutional measure which is against the spirit of democracy, which caused a burning effect throughout Kashmir. Since then, Jammu and Kashmir has been directly under the control of New Delhi, which wiped out the scope for any middle parties. To avoid any reaction to the move, severe months-long restrictions were imposed by the government in the region.

In the starting days of August 2019, there were signals that something is going to happen in occupied territory. Hundreds and thousands of Indian troops were deployed in the valley moreover, telephone and internet services were suspended, tourists and Indian nationals were ordered to leave, educational institutions were shut down and around 400 regional political leaders were detained or placed under house arrest. Suddenly on 5th August, Indian government announced that the special status given to the state of Jammu and Kashmir is nullified. Indian government scrapped the Article 370 and 35(A) and put the state on the same footing as rest of the India.

The article 370 gave the state of Kashmir an autonomous status, having its own constitution, own flag and freedom to make own laws but as a result of unconstitutional action of 5th August by Narendra Modi-led BJP fascist regime, Jammu and Kashmir could not make its own rules about permanent residency, ownership of property and many other basic rights. According to a report by Kashmir Media Service (KMS) “Indian troops had martyred 411 Kashmiris including top APHC leader, Muhammad Ashraf Sehrai, 11 women and 16 young boys during the period. It said that at least 2,047 people were critically injured due to the use of brute force, bullets, pellets, PAVA and teargas shells, by Indian troops, paramilitary and police personnel on peaceful demonstrators and mourners in the territory.”

The killings since August 5th, 2019 have been higher than those in previous years. Undoubtedly, the Kashmiri martyrs have been the real asset of the Kashmir freedom movement and Kashmiris do not allow the blood of their martyrs go in vain. The government of India wants to change the demographics of the region because it was Muslim majority state and today Indian nationals can buy land anywhere in the region. It could also not be denied that the partition of subcontinent is hopscotch of blunders because most of the majority Muslim states were incorporated into India through heinous and clever planning.

Undeniably, the move of Indian government has made the life of people of Jammu and Kashmir miserable. There has been violence in IIOJK from more than thirty years due to the freedom movement of native people and since day one people of IIOJK resisted against Indian forces and rejected their illegitimate occupation. From the partition of subcontinent, the denial of Indian government of right to self-determination is the only reason of Kashmir dispute. India has been indulged in killing the people of IOJK with indemnity ever since their launch of freedom fight but Kashmiri’s had been continuing their freedom struggle despite of the killings of thousands of people Indian troops.  

With over half a million of Indian soldiers in Kashmir, making it one of the most militarized zones in the world, these massive force are not to protect people of Kashmir but merely to protect India’s interests. The entire valley is marked by the presence of troops either in bunkers, on patrols, watching, monitoring, making random searches, a force that perceives even noncombatant Kashmiris with suspicion in what India claims to be its own territory. The quality of life of Kashmiri people is severely decreased as the guns are always pointed at them, whom India claims its own citizens. It has become normal for every family to lose a member or two by the atrocities of Indian forces. Kashmiris are living a life where one could only see a bleak future.

The current mismanagement and deprivation of rights of Kashmiris of IIOJK has made the life of the people down in the mouth. The people of Kashmir have vowed not to participate in the elections unless the statehood is restored and plebiscite is held on the basis of United Nations Security Council Resolutions. In addition, the Kashmiris are fed up of the powers of Indian Armed Forces under Armed Forces (Special powers) Act (AFSPA). It is high time that Prime Minister Modi should extend right of self-determination to the Kashmiris for sustainable peace.

It is strange that a game of fire and blood is going on in Indian occupied Jammu and Kashmir by Indian authorities, which has been intensified since 5th August, 2019 but the United Nations Organization (UNO) and human Rights Organizations, European Union (EU) and other peace organization are merely silent spectators. Whatsoever, Kashmir was always temporarily a part of India but never an integral to India. Political status of entire Jammu and Kashmir State shall be determined only after a plebiscite whereby the wishes of the people of the state shall rule supreme. A rational decision is also needed by the world for the solution of Kashmir dispute.

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