Kashmir issue

 Kashmir

Modi Policy adopted in Kashmir from 5th-August-2019 onward.

1- Legal Stance:

Modi reversed the special status given to Kashmir under act 370 and 35A.

How? Reversed...

The Governor of Kashmir advised to President of India to revoke article 370 and 35A of the Indian Constitution. He advised to issue an ordinance to reversed this article. The ordinance was passed by the Indian Parliament with two-third majority.

 

Critique on this Act:

1- Modi and his follower stated that the article were not permanent and could be revoke anytime.

2- It was being reverse the way it was added to the Indian Constitution.

How these were added to Indian Constitution?

1- Through ordinance by the President and endorsed or rectified by the Indian Parliament, so it was not an unconstitutional act.

2- Another argument proposed by BJP and RSS followers is that the Governor has power to advise the President to issue an ordinance in a state where there is no elected Government, so Governor used his constitutional power.

2- Violation of UN: 

UN Security Council resolution 1948, and in this resolution following are the key points.

1- Neither India nor Pakistan can make changes in the demographic, administrative(shall remain autonomous) and legal status of Kashmir.

2- India, by this act of reversing article has violated the UN article. India has orchestrated a plan to make demographic changes in IOK(Indian Occupied Kashmir) by giving citizenship rights to Hindus, so they are trying to make Kashmir as Hindu majority state.

3- It is even violation of Simla Agreement article 2(b), neither India nor Pakistan unilaterally can change the status of Kashmir. By keeping in view the Indian act violate the Simla Agreement and Simla Agreement is no more effective.

3- Modi's Administration Policies:

1- The administrative law of Kashmir has amended. He amended administrative law of Kashmir, lifted restrictions upon purchasing land of non-Kashmiris and given Citizenship to non-Kashmiris. Critique is to make Kashmir a Hindu majority state.

2- 700,000 troops were already present in Kashmir, but he deployed 100,000 more in Kashmir. Critique is that 800,000 is used for excessive use of force. The longest curfew imposed over Kashmir from August-5-2019 onwards. Section 144 of Administrative act has been imposed. No access to communication and internet, still Muslim majority areas are in curfew.

3- According to Section 144, protest against Government is not allowed. 13,000 imprisoned and other were being house arrested. More is that under special protection act a Kashmiri could be detain without any charge.

4- Modi's Political Policies:

Politically the policy of development was promulgated.

How?

1- The Political leadership of Kashmir is corrupt and they do not participate fairly in the socio-economic development of Kashmir. Therefore, in order to get rid of corrupt political leadership, it was necessary to revoke the special status of Kashmir, giving ultimate control to Central Government so that socio-economic development is taken up by the Centre.

2- The previous policy of socio-economic development was bluff. At National level, an opposite policy was adopted, if BJP is elected it will reverse the special status of Kashmir by settling Hindus in Kashmir. Hence these were th real intension of BJP.

5- Modi's Diplomatic Policies:

Diplomatic Policies of Modi's Government at international level.

1- The economic card of India was played internationally.

How?

USA, majority of the European Countries along with Muslim Countries such as KSA(Kingdom of Saudi Arabia), Iran, and Middle East Countries did not popularly oppose or condemn India's unconstitutional act being Economic Interests and International market.

2- The reversal of the special status is purely an internal matter of India and no country would be allowed to interfere in internal affairs.

3- Pakistan was projected as long held responsible for uprising terrorism in Kashmir. Therefore tough actions should be taken against Pakistan.

6- Pakistan Response:

Pakistan response to counter Modi's stance. Pakistan adopted four-pronged approach towards Kashmir.

1- Public Mobilization with in Pakistan and Abroad, such as UK, New York, Dubai, Brussels, protest for Kashmiris across Pakistan. Kashmiris in Pakistan also protest in Pakistan while moving towards the border. 

2- International Media Mobilization, Media houses both Print and Electronic Media Mobilization.

3- Kashmir issue was revived after 54 years in UNSC (United Nation Security Council), UK Parliament, KSA (Kingdom of Saudi Arabia), Malaysian PM, Chinese President and Russia.

4- If India tried to blame Pakistan for any uprising of Kashmir so Pakistan is not responsible. Kashmiris and youth are protesting for Kashmir.

5- Local Kashmiri people were involved in major attacks, Pulwama and Urri attack.

6- UN (United Nation) must play its role to avoid Nuclear War because such skirmishes may take the form of Nuclear War.

7- Pakistan Stance:

The status could not be reversed the way it was done.

The Governor was not an elected member. He could not advised on legal and constitutional matters, rather he can advised on financial and political matters. Governor is not a elected representative of the people. The direct representative of the people is the elected representative of Kashmir Assembly. Only they can reversed the special status of Kashmir. Procedure would be that the Kashmir Assembly would pass the resolution with two-third majority first and then it would be passed by Central Parliament by two-third majority and then signed by the Indian Parliament.