Consequences of repealing Article 35A

Kashmir is on the edge as the Indian Supreme Court begins hearing a petition seeking scrapping of Article 35A of the Indian Constitution. The article prohibits non-residents to buy property, seek government jobs or any other privilege in the disputed territory. Article 35A in reality shows that Kashmir remains a disputed territory. In 2014, a civil society organisation challenged the article in the Supreme Court on the ground that it was not added to the constitution through amendment, so it should be repealed. The ruling BJP is also backing the move. The development comes at a time when tensions are running high in the wake of Pulwama attack as well as the latest standoff triggered by Indian fighter jets’ incursion into the Pakistani territory. Pakistan has decided to respond to what it said ‘uncalled for aggression’ at the place and time of its choosing. Amid this heightened tensions, panic has gripped IOK with speculations that the Supreme Court may abolish Article 35A.

To deal with the possible fallout, the Modi government has launched a massive crackdown in the valley and rounded up hundreds of Kashmiris. Hurriyat leaders have warned that any changes in the current status of Kashmir would have dangerous consequences. Even pro-Indian Kashmiri leaders share the same concern. Mehbooba Mufti has cautioned that fiddling with Kashmir’s special status would undermine and nullify the state’s so-called accession to India, saying consequences of such a decision would be something that India had not witnessed since 1947.

Pakistan, being a legitimate party to the Kashmir dispute, has also condemned attempts to repeal Article 35A. Foreign Office here in a statement made clear that such attempts are clearly aimed at bringing about demographic changes in IOK.

Pakistan’s concern stems from the fact that such changes would be a blatant violation of international law and the relevant United Nations Security Council resolutions, which prohibit introducing material changes to the disputed territory. Modi’s Kashmir policy has further alienated people of Kashmir and any effort to dilute the special status of the territory will surely make matters worse.

Published in The Express Tribune, February 27^th, 2019.

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