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Monday, February 6th, 2023

Modi tempts fate with constitutional change in Kashmir

It also appears certain to heighten tensions with rival Pakistan – which also claims Kashmir – and trigger a violent backlash among separatist insurgents and civilians bitterly opposed to Indian rule.

Indian activists protest the Kashmir decree in Bangalore, India.Credit:AP

“Today marks the darkest day in Indian democracy,” Kashmiri political leader Mehbooba Mufti tweeted, calling the change “illegal and unconstitutional”.

Modi’s top lieutenant, Home Minister Amit Shah, announced the presidential decree in Parliament, drawing angry outbursts from opposition members who argued the move violated the constitution and denied Kashmiris the right to self-determination promised to them for more than 70 years.

The decree, once approved by a legislature dominated by members of Modi’s party, will cancel Article 370 of the Indian Constitution, which grants the territory the right to its own constitution and bars outsiders from buying land, holding government jobs and receiving educational scholarships.

Removing those restrictions could pave the way for Hindu settlers to move into the area – a rugged landscape of snow-frosted mountains and rippling apple orchards – to dilute the Muslim population. Critics drew comparisons to Israel’s promotion of Jewish settlement in Palestinian territories.


“This latest move is only an attempt by the Indian state to try and change the demography of Kashmir such that it ceases being a conflict,” said Mudasir Amin, a Kashmir-based researcher.

The special protections date to the earliest days of India’s independence in 1947, when the new nation sought to bring the territory under Indian authority. Pakistan, which rules another portion of Kashmir, has gone to war with India twice over the region in the last seven decades.

Pakistan’s government said it “strongly condemns” the unilateral change in Kashmir’s status, arguing that the bilateral dispute was a matter for the United Nations Security Council.

In India, the legality of the presidential order was not immediately clear, and challenges to the move will almost certainly go to the country’s Supreme Court.

For supporters of Modi, who won a sweeping reelection victory in May but has been buffeted in recent weeks by reports of a slowing economy, the announcement sparked jubilation.


“What a glorious day,” the national general secretary of Modi’s Bharatiya Janata Party, Ram Madhav, tweeted. In the hours after the announcement, #KashmirHamaraHai, or “Kashmir is ours,” trended on Indian social media.

As part of the announcement, India said it was reorganising the state known as Jammu and Kashmir, an 220,000-square-kilometre territory bordered by Pakistan to the west and China to the east. The state includes the disputed, 15,000 square-kilometre Kashmir valley, home to 5.5 million people.

Under the reorganisation, the state would be downgraded to a union territory, giving New Delhi far greater control over its affairs, including authority over the local police.

The largest part of the state, the sparsely populated region of Ladakh, would be carved into a separate union territory, a move likely to be welcomed by the area’s residents, most of whom are Hindu or Buddhist.

Indian-ruled Kashmir had been on edge for days, starting when New Delhi sent thousands of additional paramilitary troops to the Kashmir valley – already one of the most heavily militarised zones in the world – without any formal explanation.

Local authorities then abruptly cancelled the annual Amarnath Yatra, a Hindu pilgrimage to a remote cave in the Himalayan foothills, and ordered non-Kashmiris and tourists to leave immediately due to “the prevailing security situation in the Kashmir valley.”

A Kashmiri, who works in Bangalore, holds a piece of paper addressing Indian Prime Minister Narendra Modi during a protest in Bangalore.Credit:AP

The unusual move fuelled speculation that the government was about to announce a decision on the state’s special status. Many of Kashmir’s residents stocked up on supplies and medicines.

On midnight on Monday, the communications lockdown went into effect and local authorities passed orders restricting people’s movement. Two former chief ministers of the state – Mufti and Omar Abdullah – as well as politician Sajjad Lone were placed under house arrest.

Tariq Ahmad, who leads houseboat tours on Dal Lake in the main city of Srinagar, said police officers approached him on Friday morning and asked his Indian guests to leave immediately.

“It was an absolute panic,” Ahmad said. “Never in the years of turmoil in Kashmir have tourists been forcibly evicted like this.”

Indian Prime Minister Narendra Modi arrives at Parliament House on Monday.Credit:AP

Hours later, after the announcement in Parliament, it remained unclear whether many Kashmiris had learnt of the decision. Experts expected large public protests despite the security presence, and said that Pakistan could foment further violence by firing artillery shells across the border and supporting attacks by militants.

“Within the Kashmir valley, there will be opposition leading to heightened and prolonged unrest, including increased activities of the terrorist groups,” said Sameer Patil, a security analyst with Gateway House, an Indian think tank.

Los Angeles Times