5 years ago on this day (5 August 2019), India revoked Articles 370 and 35a, which gave special autonomous status to Jammu and Kashmir (IIOJK). This day is one of the blackest days for people in Indian-occupied Jammu and Kashmir and can’t be forgotten. India again crossed all the limits and violated UNSC resolutions on Kashmir. This abrogation marked a significant turn in the long-standing Kashmir dispute.
What are Articles 370 and 35a?
Article 370 was the basis for Jammu and Kashmir’s accession to the Indian Union at a time when erstwhile princely states had the choice to join either India or Pakistan after their independence from British rule in 1947. The article, which came into effect in 1949, exempts Jammu and Kashmir from the Indian constitution. It allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defense, foreign affairs, and communications. It established a separate constitution and a separate flag and denied property rights in the region to outsiders. That means the residents of the state live under different laws from the rest of the country in matters such as property ownership and citizenship.
Article 35A was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under Article 370 of the Indian Constitution. The article permits the local legislature in Indian-administered Kashmir to define permanent residents of the region. It forbids outsiders from permanently settling, buying land, holding local government jobs, or winning education scholarships in the region. The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extends to such women’s children.
Articles 370 and 35a combined reinforced the region’s unique status within India’s constitution. The unilateral move by India had serious implications for the Kashmiri people. They faced daily restrictions on their freedom of expression and movement; along with it, they were treated harshly by Indian security personnel, and till today they are. India’s argument is that the UNSC resolutions are outdated. However, whatever they say, this revocation is a nightmare for Kashmiris, as it brings them closer to an Indian state, which they fundamentally oppose. It altered the demographic structure and identity of Kashmiris, and this logic that the resolutions are outdated fails, as the United Nations itself is older than these resolutions and remains relevant. With 78 years of illegal occupation, the Kashmiri struggle for justice continues.
The author holds a Masters degree in History from the University of Karachi and is looking forward to pursuing higher studies in public administration and advancing Sustainable Development in her home country through historical analysis of socioeconomic challenges. She is committed to making innovative policy solutions as a policymaker, policy analyst, or policy researcher. Areas of interest also include leadership, diplomacy, and foreign policy. She is currently serving as an Intern researcher at Asian Politico.
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