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1
Article 370:
A Constitutional Impediment to
Resolving the Kashmir Crisis
Subodh Atal, Ph. D.
November 2003
Acknowledgements:
Sunil Fotedar, Lalit Koul
Kashmir News Network (www.ikashmir.org)
2
Jammu & Kashmir: The Present
n 14-year old Islamic insurgency
n Started with attacks on Hindus - massacres,
rapes, assassinations, threats
n “Talibanization” preceded the one in
Afghanistan
n Nearly 400,000 Hindus forced out in 1990
n Continuing massacres on remaining Hindus
perpetuate denial of freedom of religion
n Need to understand contributing factors and
bigger context of this situation
3
Jammu & Kashmir: The Present
n Jammu and Kashmir provides a model for the
“clash of civilizations” that has been exposed
since 9/11
n In many ways, Jammu and Kashmir depicts a
potential future state of the global “war on
terror”
4
Jammu & Kashmir: Geography
From Univ. of Texas Web Site:
http://www.lib.utexas.edu/maps/middle_east_and_ asia/kashmir_disputed_2003.jpg
5
Kashmir: Historical Perspective
n Center of Hindu Religion and Education
n Hindu character eroded only by Muslim
oppression since 12th century A.D.
n Killings, Pogroms, Forced Conversions
brought Kashmir’s Hindu population down
to 11 families in 200 years after first
Muslim invasion
6
PartofHarrapancivilization
MentionofVitasta(JhelumRiver)inRigVeda
KashmirClanmentionedinMahabharat
KingSandiman’sreign
KingSunderSen’sreign
KingNara’sreign
PartofMauryanEmpire
EmperorAsoka:Srinagarfounded
EmperorKanishka’sreign(KushanDynasty)
FirstForeignInvasion(Huns)
KingLalitaditya’sreign-buildsgreatSuntemple
EmperorHarshavardhan
KingChach(ABrahminruler)
KingAjatapid(Pampretownfounded)
KingAvantivarman’sreign(Avantiporafounded)
KingShankaravarman’sreign(Pattanfounded)
KingJayasim’sreign-Muslimincursionsstart
ZulkaturKhan-Hinduconversionsaccelerate
Sikander:Hindupogroms:11familiessurvive
KashmirpartofMogulEmpireofIndia
BritishrestoreHindurule:GulabSingh’sreign
Pakistaniinvasion,HariSinghaccedestoIndia
1millionHindusremaininKashmirvalley
Article370:SeedsforoppressionofHindussowed
5decadesofmigrations:Only400,000Hindusleft1988A.D.DozensofHindutemplesdestroyedbyMuslims
5000B.C.4000B.C.
3000B.C.
2629B.C.
2082B.C.
1048B.C.
300B.C.
248B.C.
78A.D.
510A.D.
600A.D.
630A.D.
650A.D.813A.D.
855A.D.
883A.D.
1148A.D.1322A.D.1339A.D.1394A.D.1540A.D.1846A.D.1947A.D.
1948A.D.1950A.D.
1987A.D.
1989A.D.Pakterrorism:350,000KashmiriHindusleave
Kashmir and Hinduism: Integral Part of Indian History
MusliminvadersdestroygreatSuntemple
Muslim Invasions and PogromsGolden Era of Hinduism in Kashmir
7
Politics & Religion in Jammu
and Kashmir: Past 50 Years
n During Partition of India by the British,
Pakistan is formed
n Freedom of religion guaranteed in India
n Pakistan becomes “homeland of Muslims”
in South Asia
n Jammu and Kashmir accedes to India in
1947 as Pakistani troops and tribals
invade state, brutalize locals
8
Politics & Religion in Jammu and
Kashmir: Past 50 Years (contd.)
n Article 370 was a temporary statute, defining
relationship with an interim state administration
n Gave special status to the state
n Different citizenship rights
n Different property rights
n National corruption laws did not apply
n Article 370 left in place after full fledged state
legislature took over in 1957
9
“Autonomy” For Whom?
n Wishes of Kashmiri Hindus, as well as residents
of Jammu and Ladakh regions ignored
n At Partition, a near 50-50 divide in Muslims vs.
Hindus
n Jammu, Ladakh population larger than Kashmir
valley population
n Article 370 conditions negotiated exclusively
with Kashmiri Muslim community
10
Fruits of Article 370
n Under the cover of Article 370, the Kashmiri
Muslims
n Steadily eliminated Hindus from all spheres of state
administration
n Placed Islamic fundamentalists in state bureaucracy
n Gerrymandered electoral districts to
disproportionately exclude Hindus
n Discriminated against Hindus in academic
admissions
n Took control of over 95% of media outlets
n Used media to spread fundamentalism
11
Fruits of Article 370 (contd.)
n Article 370 allowed continuation of archaic “State
Subject” law
n In the 19th century, this law prevented British
colonialists from settling in state or buying property
n After 1947 partition, acted as part of a double pincer on
the state’s Hindus
n Hindu men denied opportunities moved to other Indian states
n As per the State Subject law, Hindu women who married those
men, and their children, lost citizenship and property rights in
the state
12
Fruits of Article 370 (contd.)
n State Subject law under Article 370 put tremendous negative
pressure on Hindu population in Kashmir
n While overall population rose everywhere in India, the
Kashmiri Hindu population declined from 15% to about 4% of
population
n Gerrymandering of electoral districts ensured that Hindu
representation in state legislature was nil or negligible
n Paved the way for denial of fundamental right: attack on
Hindu religion marked by destruction of temples,
assassinations of well known Hindus and killings, rapes and
kidnappings of thousands of Hindus
n Culminated in 1990 ethnic cleansing of nearly 400,000
Kashmiri Hindus fomented by Islamic fundamentalism
13
Fruits of Article 370 (contd.)
Decline of Hindu Population of Kashmir Valley
15
4
0.2
0
2
4
6
8
10
12
14
16
1941 1981 1991
Census Year
14
Fruits of Article 370 (contd.)
n The State Subject law under Article 370 also ensured
that businesses and industry from the rest of India could
not move into Jammu and Kashmir
n Further increased the isolation of an increasingly
Talibanized state
n When the Indian economy was opened in the 1990s,
the gains were completely missed out in Jammu and
Kashmir, where businesses could not readily operate
n Muslim fundamentalist clerics blamed lack of economic
progress and all other woes on India, helped stoke the
fires of religious intolerance
15
Article 370: The Real Rationale
n Separate identity of “Kashmiris” is reason offered for
Article 370, further autonomy or secession
n Rationale is thinly veiled attempt to cover up the real
reason: religious intolerance
n Kashmiri Muslim leader Yaseen Malik’s recent
statement: “Kashmiri Hindus should not involve
themselves in the political process”
n Autonomy for Jammu and Kashmir has been used
exclusively for Talibanization
n Other states in India that have “less autonomy” have
managed to preserve separate cultural and linguistic
identity, as well as participate in national progress
16
Conclusion
n Jammu and Kashmir state is an ancient seat of
Hindu culture and heritage
n Islamic depredations have changed the
demographics of the state
n Since partition of India, the state has been
granted considerable autonomy under Article
370
n This autonomy ostensibly helps maintain the
“Kashmiri” character of the state
17
Conclusion (contd.)
n Article 370 has been leveraged by the state’s
Muslim population to grab power in the
administrative, political, financial spheres as
well as media
n The autonomy has been used to drive Hindus
out of Kashmir valley and to Talibanize the state
n Failure of the Indian government to abrogate
Article 370 has resulted in perpetuation of the
problem
18
Conclusion (contd.)
n “Autonomy” / “Freedom” that results in denial of freedom
for part of a population is not autonomy or freedom at all
n Fundamental freedom of religion rights need to be
considered while discussing autonomy in any region of
the world
n International pressure must be built upon India to
abrogate Article 370, and help reverse the Talibanization
of Jammu and Kashmir state
n Abrogation of Article 370 will tear down the artificial walls
of the state with the rest of India, and accelerate a
solution to the Kashmir crisis
19
Conclusion (contd.)
n Aim of the Islamic groups fighting in Jammu
and Kashmir:
n Establish Islamic rule in the entire Indian
subcontinent
n Establish Islamic rule around the world
n Jammu and Kashmir presents a model of a
“war on terror” that is facing defeat

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