The Jammu and Kashmir region, under Indian control, has faced systemic political suppression along with excessive human rights violations since 2014, epitomized by the denial of elections and the revocation of Article 370 in 2019. This article explores the implications of these actions, highlighting how India’s policies have eroded the democratic rights of Kashmiris, violated international norms, and exacerbated the region’s volatile environment.
The Political Suppression Post-2014
Since 2014, no Assembly elections have been conducted in Indian-occupied Jammu & Kashmir (IOJK), creating a political vacuum that has only intensified local frustration and unrest. The absence of elected representation has allowed the central government to impose its will on the region, culminating in the abrogation of Article 370 on August 5, 2019. This legal move stripped Jammu & Kashmir of its special status, removing its semi-autonomous rights and bifurcating it into two Union Territories—Jammu & Kashmir, and Ladakh.
Article 370, which had been in place since 1949, provided the region with a unique status within the Indian Union. It granted Kashmir its constitution and decision-making power over internal matters, apart from defense, communications, and foreign affairs. This autonomy was further protected by Article 35A, which preserved land and employment rights for Kashmiris. The 2019 abrogation not only dismantled these protections but also marked the start of a broader campaign of demographic change, political marginalization, and cultural erasure.
Article 370 and the Promise of Autonomy
The repeal of Article 370 was a historic setback for the region. The National Conference (NC), one of Jammu & Kashmir’s prominent political parties, had long advocated for the restoration of the region’s pre-1953 autonomy. In 2000, the NC passed a resolution in the Assembly seeking to restore Jammu & Kashmir’s constitutional status to what it was before 1953. However, this demand was dismissed by the central government. Today, with the region stripped of its statehood, the NC’s manifesto for the upcoming elections emphasizes the restoration of Article 370 and Jammu & Kashmir’s autonomy as core pledges.
The BJP-led central government’s actions, however, are designed to entrench its control over the region. The erosion of statehood and the steady transfer of authority from elected representatives to a centrally appointed Lieutenant Governor (LG) undermine any notion of local governance. The recent amendments to the Jammu & Kashmir Reorganization Act further empower the LG at the expense of any future elected government, reducing the region’s leadership to a symbolic role with little actual authority.
Human Rights Violations: A Consequence of Democratic Erosion
The revocation of Article 370 triggered widespread protests and resistance within Jammu & Kashmir, met with severe repression by Indian security forces. Mass detentions, curfews, and communication blackouts became routine, with political leaders, activists, and ordinary citizens languishing in jails without due process. The Public Safety Act (PSA), an infamous law that allows detention without trial, continues to be wielded with impunity. According to human rights organizations, thousands remain imprisoned under this draconian legislation, many without formal charges or legal recourse.
The NC’s manifesto, which includes promises of amnesty for political prisoners and the repeal of the PSA, reflects the urgency of addressing these human rights abuses. The ongoing elections, the first since 2014, are being held under the shadow of these oppressive measures, raising doubts about their fairness and credibility. Hours before the Election Commission of India (ECI) announced the poll schedule, the region saw a major reshuffling of its police and administration, prompting allegations of electoral manipulation. The NC and other opposition parties argue that the BJP-appointed LG orchestrated these transfers to ensure a favorable outcome for the ruling party, undermining the integrity of the elections.
A Hollow Democratic Exercise?
While the Indian government touts the upcoming elections as a sign of democratic normalcy returning to the region, this narrative rings hollow for many Kashmiris. The elections are being held in a landscape where political dissent is silenced, autonomy is crushed, and the fear of state retaliation looms large. The Supreme Court’s directive to hold these polls may have forced the hand of the ECI, but the lack of genuine political freedom casts a dark shadow over this exercise.
The BJP’s narrative hinges on the assertion that the abrogation of Article 370 and the political restructuring will bring development and stability to the region. However, the lived reality of Kashmiris tells a different story. Economic stagnation, rising unemployment, and the deterioration of basic services have marked the last five years, deepening the alienation and resentment against the Indian state. The NC’s manifesto, which pledges economic relief, social welfare measures, and a reversal of laws passed post-2019, reflects the growing disillusionment with the promises of development that have failed to materialize.
Conclusion
The situation in Indian-occupied Jammu & Kashmir is a stark reminder of how the denial of basic democratic rights can lead to broader human rights violations. The region’s decade-long wait for elections underscores the Indian government’s reluctance to grant Kashmiris their rightful voice. The abrogation of Article 370 was not just a legal maneuver; it was an assault on the identity, rights, and aspirations of a people long denied self-determination. As the first polls in a decade approach, they are less a sign of democratic revival and more a continuation of political subjugation. The restoration of Article 370 and a meaningful return to democratic governance remain crucial for peace and justice in this troubled region.
