On August 5, 2019, India revoked Articles 370 and 35A, stripping Jammu and Kashmir of its semi-autonomy and restructuring the region into two Union Territories. With the Indian Supreme Court's endorsement of this move in December 2023, how will these drastic measures further undermine the rights and future of the Muslim population in this beleaguered region?

It’s been five long years for the people of the Indian Illegally Occupied Jammu and Kashmir (IIOJK) since India abrogated Articles 370 and 35A and took away their semi-autonomy. Although the signs were there before 2019 that India intended to repeal these Articles from the Constitution, the grim reality of the decision still came as a shock.  On August 5, 2019, just a few months after the landslide victory of Narendra Modi and the Bharatiya Janata Party (BJP) in India’s national elections, they made their move to snatch IIOJK to bring it under the full control of India.
The President of India issued an Order under the power of Article 370, overriding the prevailing 1954 Presidential Order and nullifying all the provisions of autonomy granted to the State. The Home Minister, Amit Shah, introduced a Reorganisation Bill in the Indian Parliament, seeking to divide the State into two Union Territories (Jammu and Kashmir, and Ladakh), to be governed by a Lieutenant Governor and a unicameral legislature. The Resolution seeking the revocation of the temporary special status under Article 370 and the bill for the state's reorganisation was debated and passed by the Rajya Sabha–India's upper house of parliament–on August 5, 2019. On August 6, the Lok Sabha–India's lower house of parliament–debated and passed the reorganisation bill, and when the President gave his assent on August 9, India’s bold snatch and grab of IIOJK was over. At least, for now. Narendra Modi and his acolytes were triumphant. Indians were elated. The people of Jammu and Kashmir were devastated. 
In the blink of an eye, the autonomy IIOJK had enjoyed for seven decades was gone. The state's residents had lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. The Indian government immediately set about changing legislation which would remove all their special rights and seriously disadvantage the people of IIOJK. The Jammu and Kashmir Reorganisation Act, 2019, a pivotal piece of legislation, restructured the State into two Union Territories—Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly). The Act provided for various administrative changes, including the dissolution of the State's legislative council and the application of numerous central laws to the new Union Territories.
The legislative changes have significantly altered the administrative and legal landscape of IIOJK. The  Jammu and Kashmir Legislative Assembly was immediately abolished. Then set about extending, repealing, and abolishing laws. The Reorganisation Act consisted of 103 clauses, extended 106 central laws to the Union Territories, and repealed more than 153 state laws. The principal change is the Ranbir Penal Code of 1989, first enacted in 1932. Ranbir has now been replaced by the Indian Penal Code of 1860, bringing Jammu and Kashmir in line with the rest of India. The Indian Penal Code is well known for its draconian laws.

The Reorganisation Act consisted of 103 clauses, extended 106 central laws to the Union Territories, and repealed more than 153 state laws. The principal change is the Ranbir Penal Code of 1989, first enacted in 1932. Ranbir has now been replaced by the Indian Penal Code of 1860, bringing Jammu and Kashmir in line with the rest of India. The Indian Penal Code is well known for its draconian laws.

Following the abrogation, changes were made to the Property Rights and Domicile Laws to allow people from outside Jammu and Kashmir to buy land in the region, which was previously restricted to "permanent residents." The government amended the Jammu and Kashmir Development Act to drop the "permanent residents" requirement. The law was also changed to permit women residents who married non-locals to retain their property rights, and for their spouses to apply for domicile status. This was not possible under the previous law. It is not difficult to see that the legal landscape is being used to disempower Muslims in favour of a Hindu majority. The Reorganisation Act will have long-term impacts as the demographic change the Indian Government is aiming for in the predominately Muslim disputed territory to make way for Hindu settlers, government employees, and businesses. 
Administratively, the Reorganisation Act led to the merger of the Jammu and Kashmir cadre of civil officials with the Arunachal Pradesh, Goa, Mizoram Union Territory (AGMUT) cadre, through the Jammu and Kashmir Reorganisation (Amendment) Bill, 2021. This facilitated a unified administrative structure across multiple Union Territories. The J&K Reorganisation Act, 2019 extended 113 central laws, including the Muslim Women Protection of Rights Act, 1986, RTI Act, PC Act, Aadhaar Act, Enemy Property Act, Evidence Act, Special Marriage Act, Delimitation Act, Dissolution of Muslim Marriage Act, among others. 

Except for Pakistan and a few other countries, the international community was mostly muted in their response. Nor were any sanctions placed on India for usurping the Resolutions of the United Nations related to the disputed territory.

The total number of laws repealed in Jammu and Kashmir appears to be 165. They were exclusively framed for the State of Jammu and Kashmir. 
The reorganisation faced criticism in some circles in India for being implemented hastily without adequate local consultation, leading to concerns about executive overreach and the impact on local governance and cultural identity. However, except for Pakistan and a few other countries, the international community was mostly muted in their response. Nor were any sanctions placed on India for usurping the Resolutions of the United Nations related to the disputed territory. The Secretary-General of the United Nations, Antonio Guterres, appealed for ‘maximum restraint’. In his statement Mr. Guterres said that he had been following the situation in Jammu and Kashmir, “with concern”, adding “The position of the United Nations on this region is governed by the Charter of the United Nations and applicable Security Council resolutions.” He further spoke of his concerns over restrictions and the human rights situation on the ’Indian side' of Kashmir. The UN is clearly unwilling to take any action other than ‘statements of concern’.
India is too powerful an ally for certain member states of the UN who see the country as a foil against China’s growing influence and as a trading partner.  So Modi and the BJP got away with a daring move to grab the disputed territory and further oppress and dispossess the long-suffering Kashmiris with, at the very most, a light smack on the wrist.

Modi and the BJP got away with a daring move to grab the disputed territory and further oppress and dispossess the long-suffering Kashmiris with, at the very most, a light smack on the wrist.

In December 2023, India’s Supreme Court upheld the government’s decision to remove Jammu and Kashmir’s partial autonomy. The finality of the case supporting the government’s actions has crushed the last hopes of Kashmiris and deep concerns that this judgement would now fully trigger the demographic change desired by Prime Minister Modi’s government. 
Despite the claims of India’s Prime Minister and Government that their actions in Jammu and Kashmir would boost development and bring economic prosperity, it does not seem that a great deal has changed in five years. Although some road, rail, and other infrastructure projects funded by India, along with some property developments are under construction, and an alleged increase in tourism numbers (though with restrictions), there does not appear to be any large-scale investment from outsiders. Some MOUs have been signed but do not appear to have progressed to implementation.
Modi’s efforts to show that things are normal in Kashmir are not paying great dividends. Many countries are hesitant to be seen participating in events there, even if they have not been vocal in condemnation on other matters. A good example of this was an event in May 2023 on the sidelines on the sidelines of the Group of 20 (G20) meeting in India. In a total violation of UN Resolutions, the Indian government hosted its first diplomatic event in the disputed region since New Delhi revoked its limited autonomy and took direct control in 2019. 
A G20 tourism meeting was held in IIOJK. China and Pakistan strongly condemned holding the event in the disputed region. Saudi Arabia and Turkiye did not attend. Some Western nations sent only lower-level diplomats from their embassies in New Delhi. Commenting on the event, the United Nations Special Rapporteur on Minority Issues, Fernand de Varennes, said at the time, that New Delhi was seeking to use the G20 meeting to portray an international seal of approval on a situation that should be decried and condemned. India rejected the comments.
The three-day event was held at a highly secured venue on the shores of Dal Lake in Srinagar. Roads to the venue were resurfaced and electricity poles lit up in the colours of India’s national flag in an attempt by officials to create the illusion that normalcy and peace are returning. However, authorities locked down the town, closed the main road leading to the Convention Centre for civilian traffic and shut down many of the schools. A massive security cordon was placed around the venue with elite naval commandos patrolling the lake in their rubber boats. Elite security—including marine commandos, National Security Guards, Border Security Force and police forces—were also deployed in Kashmir to provide ground-to-air security cover. Residential searches and frisk searches of locals were stepped up. This hardly presented a vision of ‘normalcy and peace’. 
Remarkably, despite his desperate desire to scrap the region’s special semi-autonomous status and claw IIOJK into India, India’s Prime Minister Modi has visited Jammu and Kashmir only twice since August 5, 2019, the first being on March 7, 2024. The visit was seen as a power show ahead of the upcoming Indian Lok Sabha elections (held in April and May) to try to convince Indians that he and his BJP had fulfilled a core promise to end Kashmir’s special status following the abrogation of Articles 370 and 35A to remove the region’s autonomy. It was no more than ‘grandstanding’ and not a visit to show interest in local issues. 
Addressing a crowd at a football stadium in, Srinagar, Modi claimed that the removal of Article 370, had ushered in development and peace. Again, this is nonsense. Modi’s government has ushered in only further oppression, a drastic curtailment of remaining civil liberties and press freedom. As reported by Al Jazeera, on this occasion Modi made no mention of plans to hold elections in Jammu and Kashmir or to restore its statehood. However, his close ally, Federal Home Minister Amit Shah, has repeatedly promised that the region would regain statehood after elections ‘at an appropriate time’. Given his track record of years of duplicity, a cynical observer could easily believe that Amit Shah’s idea of “an appropriate time” most likely translates as ‘when further social engineering is in place’. 
However, in December 2023, the Supreme Court directed the Election Commission of India to conduct elections in Jammu and Kashmir by September 30, 2024. That is only two months away. If it does happen, the next two months will be lively as parties and independents jostle for position to win one of the 90 seats in what will be a very important election.  It is worth noting that in the Lok Sabha elections in 2024, the BJP won two of the five seats, with the Jammu and Kashmir National Congress winning two and an independent one seat. BJP did not field a candidate in the Kashmir Valley. But this is no indication of what will happen in this election, which means so much to the people of Jammu and Kashmir.
Modi turned up in Kashmir again in June 2024 to celebrate the 10th International Day of Yoga and rather ironically, promote yoga’s ability to bring wellness and peace. It seems puzzling to many that he should choose yoga as the focus of his visit as it is not a primary pastime of Kashmiris though he was pitching it as a future tourism boom for the region... But again, the message was something else.  The visit came a little less than two weeks after Modi’s third inauguration as Prime Minister of India following the elections which saw BJP’s numbers drop from 303 seats to 240 seats, and the loss of its singular majority in the Lok Sabha. The drop in support was a shock for Modi’s massive ego and the BJP as a whole. 

Ms. Roy could be prosecuted under the India Penal Code’s draconian Unlawful Activities (Prevention) Act (UAPA) because she had said at the event in 2010—14 years ago—that Kashmir had never been an “integral” part of India.

It seems that the yoga event was merely a show of unsubtle power to taunt Kashmiris that he was still in charge of their destiny—a chilling thought for locals—and because it was sure to draw media attention. Bizarrely, as they had during the G20 event, government employees were forced to take part in the yoga event of this Hindu-nationalist prime minister. Residents said that even pregnant women were not spared. This is not the embodiment of the principles and spirit of yoga.
This time Modi did speak on the the restoration of democracy in the region. He said, “Preparations have started for the assembly election. That time is not far away when you can choose the government with your vote and Jammu and Kashmir can decide its own future.” Once again, to a cynical observer of Kashmir, it would seem that is unlikely to happen until New Delhi is sure of a Hindu majority or pro-India alliances.
Interestingly, a short sentence in the press release from the Prime Minister’s office of the visit, almost hidden in the press release amongst inauguration of infrastructure announcements on the visit from Modi’s office noted that the Prime Minister would also distribute appointment letters to more than 2000 persons appointed in government service. Ominously, no further details were provided on who these persons might be or what their roles would be. More jobs for Hindus?
Nothing has changed to make life better for the Kashmiris. They remain devoid of their rights and fearful of the future as Hindus gradually overwhelm them in numbers. Most do not want to leave but as jobs in government facilities continue to be snatched away, many will have to leave as there is little economic activity at this time.
Journalists and activists continue to be targeted, even some with global recognition. The latest in a long list of those who have fallen prey to the regime is one of India’s most celebrated authors, Arundhati Roy, the first Indian winner of the prestigious Booker Prize, who is known globally for her beautifully-written books. Although not a Kashmiri herself, Ms. Roy has also been an outspoken high-profile vocal critic of the Indian Government’s stance on Kashmir. So what was her alleged crime?  Made a speech fourteen years ago at a conference called Azadi The Only Way, which questioned Indian rule in the then state of Jammu and Kashmir. Sheikh Showkat Hussain, a highly respected Kashmiri academic, author and human rights activist, was also arrested for the same alleged crime. 
Ms. Roy could be prosecuted under the India Penal Code’s draconian Unlawful Activities (Prevention) Act (UAPA) because she had said at the event in 2010—14 years ago—that Kashmir had never been an “integral” part of India. The international community was critical of India’s move, but criticism within India was muted. It is clear that the Modi Government, despite their loss of favour in the recent elections has no intention of changing their ways when it comes to criticism of Kashmir. Anyone who dares to raise their voice for the Kashmiris, now or even in the past, will be a target of the authorities.
Separatist leaders, activists and journalists continue to be rounded up and arrested, as has been the norm for years. The names of some are well-known: others are unknown or forgotten. Thousands of people have been disappeared. Some, never seen again. For years Jammu and Kashmir has been one of the most militarised zones in the world with over 700,000 troops, oppressing the population. This has not changed. Kashmiris remain trapped and facing dire political, economic security and religious circumstances. Freedoms have been crushed and voices silenced. 
There is little hope that Kashmiris will get their Right to Self Determination as set out in the UN Resolution, anytime soon. The abrogation of Articles 370 and 35A has made that dream even more remote but that should never be a reason for the world to turn away and forget them. Pakistan and other countries, activists, and other voices of reason must continue to loudly raise their voices at every forum so that the voices of Jammu and Kashmir cannot be silenced and the people left to an uncertain fate under the crushing weight of India’s Hindu nationalism.

The writer is an Australian Disaster Management and Post-Conflict Reconstruction and Rehabilitation Advisor who lives in Islamabad. She consults for Government and UN agencies and has previously worked at both ERRA and NDMA.
E-mail: [email protected]