Indian Occupied Jammu and Kashmir:
Regardless of Article 370, the region of of Jammu and Kashmir remains a disputed territory whose status must be resolved according to the United Nations Security Council Resolutions 47 (1948) and 80 (1950). India can not unilaterally alter its status without agreement with Pakistan and the people of Jammu and Kashmir who are are parties to it. Any unilateral action by either India or Pakistan on Kashmir also violates the Simla Agreement which requires bilateral resolution of the disputed region.
Mr. Modi's actions are not only an affront to the people of Jammu and Kashmir but also in clear violation of India's international and bilateral obligations under United Nations charter and the Simla Accord. Annexation of Ladakh is also challenge to Chinese claims to it.
China, a permanent member of the United Nations Security Council, lays claim to Ladakh region. It has objected to India making it a union territory.
|Indian Prime Minister Jawaharlal Nehru's Pledge|
Domestic Opposition in India:
Mr. Karan Singh, a member of Indian Rajya Sabha (upper house) and the son of Kashmiri Maharaja Hari Singh who "acceded" Jammu and Kashmir to India in 1947, has said that Kashmir is "not an internal matter" of India. Mr. Singh has insisted on restoration of the dialogue process with Pakistan.
“J&K’s relationship with the rest of India is guided by Article 370 and the State Constitution that I signed into law. We must realize that from the very beginning, J&K, rightly or wrongly, has been given a special position. Now [after] that special position from the original three subjects, there have been a whole series of developments — some may call them positive developments of integration, others may say negative developments of reducing autonomy,” Mr. Singh was quoted as saying by The Hindu.
Strongest reactions to Mr. Modi's decision to annul article 370 have come from top leaders in Indian Punjab and Tamil Nadu. It has inspired fear that the central government in Delhi could take control of any state, strip it of its statehood and impose direct rule without the consent of its people.
Former union minister P. Chidambaram called Modi's action a "cardinal blunder" and a "fatal legal error"."What you are doing today sends a very wrong signal to every state of country", he added.
Tamil Nadu's DMK party leader MK Stalin took to Twitter to condemn Modi's decision. “This is a dark day in the history of Indian federalism. I urge the President of India to not precipitate the situation and not take any further steps in this regard until a democratically elected Government is formed there. The DMK stands with its Kashmiri brothers and sisters and will oppose any assault on federal structure,” he said in a series of tweets.
Chief Minister Captain Amarinder Singh of Indian Punjab has denounced the revocation of 370 as “totally unconstitutional”. He tweeted that “the Constitution of India had been rewritten without following any legal provisions. Such a historic decision should not have been taken and pushed through in this arbitrary manner...This will set a bad precedent as it would mean that the Centre could reorganize any state in the country by simply imposing President’s rule.”
Most of Kashmir has been under an unprecedented and extended lock-down. People are imprisoned in their homes for several days in a row. There is no Internet, telephone or television.
Eventually when the restrictions are eased, there will be large street protests which the Indian security forces will try to quell by force. When such protests turn violent, Mr. Modi will cry "terrorism" and falsely accuse Pakistan of being behind it. There will be a familiar replay of the events of the past with Mr. Modi escalating conflict with Pakistan across the Line of Control in Kashmir.
Such escalations pose the danger of spiraling out of control and leading to a nuclear confrontation.
The West, particularly the United States and Canada, are geographically far removed from South Asia. This distance makes many think that any nuclear exchange between India and Pakistan would not have a significant impact on life in America and Europe. Dr. Owen Brian Toon and Professor Alan Robock dispute this thinking. They believe the nuclear winter following an India-Pakistan nuclear exchange will kill crops as far as the United States and cause a global famine. Another study by Nobel Peace Prize- winning International Physicians for the Prevention of Nuclear War and Physicians for Social Responsibility reached the same conclusion.
It seems that the American leadership recognizes the devastating global impact of possible India-Pakistan nuclear war. In "Brokering Peace in Nuclear Environments U.S. Crisis Management in South Asia", Pakistani-American analyst Dr. Moeed Yusuf talks about the US efforts to prevent India-Pakistan war that could escalate into a full-scale nuclear exchange. He analyzes American diplomacy in three critical periods: Kargil conflict in 1999; the stand-off after the Indian Parliament attack in 2001 and the terrorist attack in Mumbai in 2008.
Yusuf argues that the US-Soviet Cold War deterrence model does not apply to the India-Pakistan conflict and offers his theory of "brokered bargaining". In chapters that detail the US role during three India-Pakistan crises, it is clear that the US rejected India's insistence on bilateralism in resolving India-Pakistan disputes. The author says that "in each episode, the concern about the escalation forced the United States to engage, largely unsolicited, and use a mix of rewards (or promises of) and punishments (or threats of) with the regional rivals to achieve de-escalation--ahead of its broader regional or policy interests."
Indian Hindu Nationalist government of Prime Minister Modi's abrogation of Article 370 is in clear violation of the Indian constitution and international rules governing resolution of disputes between countries. It has wider implications for India's federal, secular and democratic constitutional structure. It has sent alarm bells ringing in Indian states of Punjab, Tamil Nadu, Nagaland and Mizoram. It also threatens to escalate tensions between nuclear armed rivals India and Pakistan when the Kashmiri resistance turns violent and Modi falsely blames it on "cross-border terrorism". Nuclear confrontation in South Asia could result in deaths of billions of people across Asia, Africa, Europe and America. It is time for all sane Indians and the rest of the world to wake up to the serious threats posed to peace in South Asia region and the wider world by Mr. Modi's fascist Hindutva project.
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