1. Before 1947, J&K was among the 500+ princely states in India which had a certain degree of autonomy outside of British control.
2. After independence in 1947, the princely states were asked whether they wished to join India or Pakistan or if they wished to be independent. Jammu and Kashmir chose to be independent.
3. Later that year, J&K was attacked by guerilla fighters allegedly from Pakistan. Fearing for the state's safety and on the advice of Sheikh Abdullah (the lion of Kashmir), a respected and popular Kashmiri leader, the sovereign of J&K Maharaja Hari Singh, signed the accession agreement with India.
4. This brought Jammu and Kashmir under the Union of India-- a full state like the other states of India. However, because of its uniqueness, the accession agreement included clauses that would guarantee a greater degree of autonomy for J&K. These clauses are enshrined in article 370 and 35-A of the Indian constitution.
5. According to these articles, only state subjects of J&K (people living in J&K since before 1948) can buy and own land in J&K. These articles also include protections for the residents in state services and educational institutions. Other than that, these articles grant greater civil and political autonomy to Kashmir i.e. the only areas where Indian constitutional law is applied unconditionally are defence, finance, communications, and foreign affairs. All other laws enacted by the mainland must go through the assembly of J&K in order to be implemented there.
Some people are trying to communalize the issue. And while the current government is undoubtedly communal with a proven track record of Islamophobia, Kashmir itself is not a communal issue per se. Some elements in Kashmir also try to posit this as a religious conflict but again, those too represent a fringe. There are Hindu groups like Dogras, Kashmiri pandits, and others settled in Jammu. Before the 1990s, a large number of Kashmiri Pandits lived in the valley. Even today, Kashmiri Sikhs live in the valley. Ladakh and Kargil are mostly Buddhist. Jammu Muslims are Shia, Gujar, and Bakarwal. Kashmiri Muslims are mostly Sunni.
Articles 370 and 35-A applied to all these groups and even others which I haven't mentioned. The current government wants people to treat this issue as a Hindu-Muslim issue. And I won't be surprised if they even see this as an attack solely on Kashmiri Muslims. But we shouldn't forget that this is a lot more than that. It is undoubtedly an attack on Kashmiri Muslims, but also on Jammu and Kashmir's local culture and ecology, its history, and its identity. Furthermore, this move has bypassed normal constitutional procedure-- which begs the question, which laws will be repealed next? Which rights will be challenged next? How long before the very character of the constitution is altered to a powerless, ceremonial one?
Jammu and Kashmir would be an integral part of India in letter and spirit if the government honours its promises enshrined in the accession agreement and the constitution. These special provisions aren't unique to J&K either. Several other states in the Northeast have them. Uttarakhand had them at one point too.
We are battling for the soul of Jammu and Kashmir here. We are also battling for India's conscience.
Please share this widely and do not spread misinformation.
