A Policy of Oppression: Is it Time to Rethink the Kashmir Solution?
The allegations of enforced disappearances against armed forces in Kashmir cast serious doubts on not just the legitimacy of the Indian administration of Kashmir but also on India’s status as a democracy.
Almost 7 million of its citizens lack basic political rights and face constant intimidation by authorities and threats to their life for advocating for human rights and self-determination.
India in Kashmir fails to fulfil some of the most important prerequisites of being a democratic nation, as well as its commitment to international law.
In order to analyse Indian policy in Kashmir and propose a solution to the grave human rights violations being committed in the region by members of the very institutions that claim to protect the people of the region, we must take a look at the broader question of Kashmiri self-determination, and how India’s reluctance to provide it affects the present and future of Kashmir and its people.
India’s Actions In Kashmir
The self-determination movement in Kashmir has always had popular support in the region. As it enters its 75th year, it becomes increasingly necessary for the Indian government to pay attention to the long-standing demand for basic political rights in Kashmir.
With the abrogation of articles 370 and 35A of the Indian constitution, which granted special status to Jammu and Kashmir, and the communications blackout that followed, the position of the Indian government has worsened.
More and more people, particularly in academia, are starting to call the Indian rule in Kashmir as being an occupation reminiscent of the Israeli occupation of Palestine, with aspects of war crimes and settler colonialism.
As part of my research into human rights violations, particularly enforced disappearances, in Kashmir, I talked to Dr Hafsa Kanjwal, Assistant Professor in South Asian History at Lafayette College.
This is what she had to say on the human rights situation in Kashmir and how it stems from the political problem of Kashmir’s demands for self-determination, as well as the legitimacy of Indian rule in Kashmir:
The broader situation here is whether India even has the right to be in Kashmir, let alone the implications for their human rights violations. The enforced disappearances have no connection to the legitimacy of the Indian administration because there is no legitimacy to the Indian administration in Kashmir.
Reparations or investigations into enforced disappearances or human rights violations will not help until the root cause of the problem is solved.
India’s quest to crush pro-independence sentiment in Kashmir is based on intimidation and the sheer number of enforced disappearances is proof of that.
Amir*, a journalist based in Srinagar, says:
Currently, the Indian security establishment harasses and silences those who talk about, or in favour of a plebiscite, which was promised to us in 1948. A fair plebiscite is the only real way to provide justice to Kashmir.
Dr Kanjwal also talks about the use of intimidation, and disappearances, to quell the negative Kashmiri sentiment towards India.
According to her, disappearances are often used as a tool by India to remove all people who could resist, which is mostly young men who may or may not have sympathies for the pro-freedom movement.
Often, these disappearances are merely a means to terrorise the population and discourage any deviation from the government’s political position.
India’s current policy towards the self-determination movement in Kashmir is not only unethical but also illegal according to international law.
By failing to provide Kashmiris with basic political rights, giving its forces free reign through laws, and effectively legalising their oppression, India stands to forfeit its status as a democracy. It contributes to the anti-India sentiment found in the region.
The Resolution Of The Kashmir Issue
With the election of the Hindu nationalist Bharatiya Janata Party to power, the path towards resolution seems to become much longer.
Their policies towards Kashmir, including settlements that would contribute to demographic change in Kashmir, as well as the imposition of communication blackouts and persecution of Kashmiris through laws such as sedition, further aggravate the situation.
With a rise in international media coverage of the plight of Kashmiris living under Indian occupation, it has become increasingly necessary for the Indian government to abandon authoritarian tactics to silence Kashmiri dissent and come to the negotiating table for a dialogue.
It is imperative for India to either fulfil its promises as part of the UNSC Resolution 47, which calls for demilitarisation and a plebiscite to answer the question of Kashmir, or engage in meaningful bilateral dialogue with Kashmiris, in order to find a lasting solution to the issue.
Enforced disappearances and the wider issue of human rights violations by Indian forces in Kashmir boils down to a question of accountability and historical justice. When we talk about the region, we must take a look at its history and the broken promises and hollow assurances that got Kashmir where it is today.
In my opinion, the only way to get to a solution is consequential dialogue and fulfilling Indian promises to Kashmir.
Unilateral, autocratic tactics, combined with an irrational denial of political rights, will only further alienate the Kashmiri population, paving the way for even more incidents of discrimination, state violence and repression.
*names changed on request
Originally published on Youth Ki Awaaz as part of a three-part series written for the Justicemakers Writers’ Training Program, organised by YKA in association with Agami and Ashoka’s Law for All Initiative.
