Kashmir under Hindutva; BJP’s ideological engineering in Indian Illegally Occupied Jammu and Kashmir and its implications
The Indian Illegally Occupied Jammu and Kashmir is widely recognized as a disputed territory between two nuclear neighbors who are bound by blood-soaked borders and irreconcilable narratives. From large scale wars to brief skirmishes and cross border tensions, Kashmir has long served as a volatile battleground between India and Pakistan. The region is deeply scarred yet resilient land. It stand as a poignant example of unresolved conflict, broken promise and a people living under the heavy shadow of ongoing conflict and control. The origin of this conflict can be traced back to the signing of Instrument of Accession by Maharaja Hari Singh in 1947. Since then, Kashmir has witnessed UN interventions, political unrest and insurgency. The Bhartiya Jannata Party has played a significant role in this conflict. The most important transformation made was the unilateral abrogation of Article 370 and Article 35(a) in August 2019 by BJP led government under the leadership of Prime Minister Narendra Modi. After this move, several transformations were made particularly the division of Jammu and Kashmir into two union territories Jammu and Kashmir and Ladakh. This caused lockdown, communication blackouts and detention of political figures. What was once a semi-autonomous state with its own flag and constitution was unilaterally stripped of its identity, downgraded to a union territory and forcefully woven into the nationalist tapestry of New Delhi. Today Indian Illegally Occupied Jammu and Kashmir in control of BJP has been witnessing formidable challenges and struggles. Under BJP’s iron-fisted government, Kashmir has become a theater of control masked as development but in reality, human rights violations, media censorship, internet blackouts, crackdowns have become more normalized. With its Hindu driven narrative, BJP is covertly altering the region’s demography, suppressing its unique cultural and political identity. Through silent dissent, dismantled democratic institutions and marginalized local leadership. The BJP’s influence in Kashmir has been nothing short of transformative but not in the way it is portrayed in official narratives. Its Hindu nationalist ideology has sought not just to govern Kashmir but to redefine it culturally, demographically and politically. Today, Kashmir exists in a paradox it has been portrayed as a peaceful valley by India but reality is far more different, Kashmir is functioning as one of the most heavily militarized zones in the world. This report aims to analyze the role of Hindutva ideology in shaping of Kashmir conflict and what changes has been made by the BJP government for Indian Illegally Occupied Jammu and Kashmir and how it has impacted the valley.
Historical context:
At the time of British India’s partition, there were more than five hundred princely state. These states were not directly ruled by British but held treaties with the crown. Upon independence they were given the choice to either join Pakistan or India based on their geography and demographics with the will of people. The princely state of Jammu and Kashmir was one of the largest princely states during the partition. It was a Muslim-majority state with around 77% population ruled by Hindu Dogra Monarch Maharaja Hari Singh. In start, he tried to remain independent. To maintain autonomy, he proposed a standstill agreement to Pakistan and India. Pakistan promptly signed the agreement but India delayed it. During this time, tensions escalated which led to the outbreak of first Indo-Pak war in 1947, Hari Singh signed the Instrument of Accession formally joining Jammu and Kashmir to India on Oct 26, 1947. This accession was described by India’s Governor General Lord Mountbatten as conditional upon a future plebiscite to determine the people’s will. Followed by accession, the first Indo-Pak war was ended with a UN brokered ceasefire in Jan 1949 which led to creation of line of control. The UNSC passed several resolutions calling for a plebiscite. To date, this plebiscite has never been held. Meanwhile in 1950, India incorporated the Article 370 into its constitution granted Jammu and Kashmir special status and allowed it to have its own constitution, flag and autonomy over internal matters except in defense, foreign affairs and communication. This provision was considered temporary. However, India increasingly began integrating Jammu and Kashmir into union. Over the following years, tensions remained high. War of 1965 and 1971 further entrenched the divide. The Simla Agreement of 1972 designated Kashmir as a bilateral issue. Since 1987, Kashmir has remained one of the most heavily militarized regions in the world with over 500,000 military and paramilitary troops deployed. The situation intensified in 1989 when an armed insurgency broke out in the valley. This led to extrajudicial killings, Human Rights abuses, mass detentions and enforced disappearances. Furthermore, after nuclearization of South Asia, when Pakistan and India got nuclearized. The Kargil war erupted in 1999 between India and Pakistan. This time the threat of nuclear war was imminent but tensions was de-escalated through efforts by international community. In early 2000s tensions persisted, the region witnessed heavy security presence, human rights violations and other challenges. Between 2008 and 2018, over 1,081 civilians were reportedly killed in extra-judicial actions. The year 2018 alone saw 160 civilian deaths which was the highest number in over a decade. The use of pellet guns has blinded more than 1,200 civilians. In 2016, the killing of Burhan Wani had intensified the Human Rights abuses in the region. On the other side, the BJP was consistently advocating for the abrogation of the Article 370 and after BJP rose to power, the situation has become even more dangerous particularly the abrogation of Article 370 and Article 35(a) in 2019. It is considered as a most defining goal of Hindutva ideology led by BJP when the Indian parliament passed the Jammu and Kashmir reorganization act which further divided the state into two union territories; Jammu and Kashmir and Ladakh. The control was given to Lt Governor appointed by New Delhi. Followed by deployment of thousands of military troops, movement restrictions, communication blackouts and other measures to prevent unrest. In addition, the BJP government has introduced new domicile laws and reforms in governance and administration reforms which has badly impacted the lives of innocent Kashmiris.
Role of Hindutva ideology in shaping of Kashmir conflict:
The Hindutva ideology considers India as a superior Hindu nation and sees Kashmir as an integral, inseparable part of India, framing Kashmiri Muslims as “outsiders” or threats to national unity. After BJP rose to power under Modi in 2014, India has experienced rising religious and communal tensions driven by a Hindu nationalist ideology. The ideology which is championed by right wing organization such as RSS and politically represented by the BJP. Kashmir has become a central target of Hindutva agenda. The abrogation of Article 370 in Aug 2019 which stripped Jammu and Kashmir of its special autonomy was a major policy shift aligned with Hindutva ideology. The BJP has been partially successful in accomplishing its Hindutva ideology goals. Today, the situation in Indian Illegally Occupied Jammu and Kashmir is tense. The region is facing continuous military presence, communication blackout and strict surveillance.
Situation post Aug 2019:
After the Indian government abrogated Article 370, it introduced several strict security measures in Jammu and Kashmir which includes a communication blackout, restriction on people movement and the deployment of additional security forces in the region. The IIOJK is witnessing rapid changes in various sectors with all aiming to erase its Islamic identity and absorb it into a Hindu nationalist narrative.
Reforms in Governance and Administration affairs:
Several changes in governance and administration affairs was taken place after the abrogation of Article 370, Jammu and Kashmir lost statehood and was divided into two union territories. The central government took direct control; power was shifted from locally elected government to Lieutenant Governor and Central Ministries. This change curtailed the power of local government in Jammu and Kashmir. Most of the laws now required approval from Indian Parliament which highlights that local leaders have limited influence over key decisions. Furthermore, the central government also introduced a swathe of Indian laws to Jammu and Kashmir replacing the previously applied Ranbir penal code and other local legal laws with various laws such as Indian Penal code, Right to information Act, Right to education act and Aadhaar Identification system. This eroded Jammu and Kashmir’s traditional legal autonomy over land ownership, personal laws and governance. Alongside this, many prominent figures were detained particularly from National congress, People’s Democratic Party and Jammu and Kashmir people’s party. Arundhati Roy who is an Indian writer said that; “The biggest myth of all times is that India is a democracy. In reality it is not, several states in India are on the verge of civil war. After revocation of Article 370 torture, night raids, missing persons, mass graves are common in Indian-occupied Kashmir.”
Security and military dynamics:
Since 1987, Kashmir has remained one of the most heavily militarized regions in the world with over 500,000 military and paramilitary troops deployed. In 2019, The Indian central government deployed thousands of troops, used drones and satellites to monitor the situation shortly after revocation of Article 370. The increased security presence in Indian illegally occupied Jammu and Kashmir has transformed the Kashmir valley into a militarized zone. The strong military presence in the region has significantly impacted the routine lives of Kashmiris. Due to heavy security presence, educational institutions remained closed, tourists were ordered to leave, communication blackout, internet service was suspended. As per reports of 2018 and 2019 by UNHCR; there is a widespread and organized human rights abuses in Indian occupied Kashmir for past four decades. The region has also experienced a surge in unlawful killings by armed groups. As per report by Jammu and Kashmir Coalition of civil society; in 2019 alone, Indian forces launched 195 search and cordon operations which caused the deaths of 165 people after 5 August.
Socio-economic impact:
The Indian illegally occupied Jammu and Kashmir faced severe socio-economic hardships. As per reports by KCCI; right after abrogation Kashmir lost about $24 billion in just four months, around 4.96 lakhs jobs were lost due to lockdown, from Aug to Oct 2019 alone business lot nearly 10,000 crores, sectors like agriculture, tourism and transport suffered the losses of at least 50%. After 1 year of abrogation of Article, KCCI reported a total loss of 40,000 crore. In 2021, Pakistan’s UN representative claimed that Kashmir had faced over $5 billion in economic damage. As per reports by Centre for monitoring Indian Economy; the unemployment has increased to 16.2%.
Changes in Demographic laws:
The Indian government has introduced a new set of domicile laws which replaced the previous system that restricted non-residents from acquiring land, property, or government jobs in the region. Only those who have lived in Jammu and Kashmir for 10 to 15 years, students who studied there for at least 7 years, Children of central government officials or armed forces personnel who have served in Jammu and Kashmir for a minimum period shall have a privileges including ownership to land, access to jobs and other privileges. According to Wikipedia, over 83000 people received domicile certificate under new laws who would not have qualified the old law. Many Kashmiris considers these changes as a way to suppress Muslim-majority identity in the region.
Redesigning education:
The school curriculum is being modified to promote pro-Hindutva agenda. The removal of Islamic and historical references from the textbooks such as in XII class books the word ‘Azad Kashmir’ is replaced by ‘Pakistan Occupied Jammu and Kashmir’, the term ‘state’ is replaced by ‘union territory’, the chapter of ‘Sufi saint Sheikh Noor Uddin Wali’ from class IX has been removed. These attempts are made to glorify Hindu rulers and to create a Hindu centric historical narrative. The new curriculum is designed to influence young Muslims by disconnecting them from their Islamic roots and suppressing the history of resistance and freedom movements.
Language imposition:
In Sept 2020, the Indian government passed the Jammu and Kashmir official language act, according to it, there are now five official languages; Hindu, English, Dogri, Kashmiri and Urdu. Though Urdu has long been the sole official language, the move aimed at diluting its status and imposing Hindu language which aligns with Hindutva ideology.
Human Rights violations:
From Aug 5, 2019 to Feb 5, 2021 Jammu and Kashmir was subject to an extensive communication blackout. The government imposed a security lockdown. The Internet service was shut down and there were credible reports of torture and beatings by security forces. As per reports provided by Human Rights watch, Indian security forces continue to use repressive tactics including arbitrary detention and extra judicial killings. Human Rights Watch Deputy Asia director Meenakshi Ganguly said that; “Kashmiris live in fear of being arrested or detained without trial for simply speaking out.” Human Rights Watch has also highlighted that under harsh security laws including public safety act and unlawful activities prevention act, several journalists, lawyers and activists have been targeted routinely. There are many instances such as Khurram Pervez who has been in jail since Nov 2021 under the UAPA, In March 2024, a lawyer Nazir Ahmed Ronga was arrested under the PSA.
The report has also shown that at least 35 journalists in Kashmir have been harassed, detained or assaulted. In addition, new media policy has been introduced. The June 2024 policy punishes media outlets for publishing complaints against officials. The report has highlighted that security forces accused of abuses are not held accountable because of legal immunity provided by the Armed Forces Special Powers Act. Because of it, not a single solider has been prosecuted in civilian courts since 1990. In 2020, three laborers were killed in Shopian and falsely they were labelled as militants.
Conclusion:
The situation post 2019 abrogation of Article 370 is complex. Deep political alienation, civil liberty erosion and other issues have become common in the region. India abrogation of Article 370 was illegal, because this step was taken without consent of Jammu and Kashmir’s elected representatives. In fact, the abrogation was unconstitutional because Article 370(3) states that the president can declare Article 370 inoperative but only with the consent of Constituent Assembly of Jammu and Kashmir which ceased to exist in 1957. The abrogation of Article 370 has added more in complex environment of the region. Kashmir has endured World’s largest internet shutdown; psychological illness is common among Kashmiris. Restrictions on religion has further intensified the situation. The removal of the region’s special status violates the historic promises made at the time of accession and dismantles the framework protecting Kashmiris identity. The Kashmiris right to self-determination as guaranteed by International Law and UN resolutions must be respected. India must come to negotiation table to achieve lasting peace and stability. Any solution that ignores the voices, rights and aspirations of Kashmiris is unlikely to succeed. For that matter, Kashmir issue must ultimately be resolved by will of Kashmiri people.
Ayesha Tahir, intern at YFK and a student of International Relations at NUML Rawalpindi.
