ARTICLE 370 OF INDIAN CONSTITUTION

In August 2019, Narendra Modi's government revoked Jammu and Kashmir's constitutionally granted autonomy. The decision is being analyzed in the aftermath of N. Modi's triumphant re-election to the post of Prime Minister in May 2019, after completing a first term that began in 2014. The Modi government fundamentally altered the institutional framework of the Indian Republic by taking this step. Jammu and Kashmir went from being a state comprised of three regions (Ladakh, Jammu, and Kashmir) to being divided into two administrative units: on the one hand, the UT of Jammu-and-Kashmir, with an elected assembly; and on the other hand, the UT of Ladakh, without an elected assembly, with both being administratively headed by the Lt. governor. The government of India repealed Articles 370 and 35A of the Jammu and Kashmir Constitution, which ultimately account for the larger socio-political dynamics, and withdrew the state's special status and autonomy. The paper will attempt to investigate the formation of a new governance pattern and the changes that occurred, which resulted in a new centralized and authoritarian power structure.

Kashmir isn't "just another city" or just another place that exists on earth. It is a place described by the famous poet Amir Khusrau in the following words, "Gar Firdaus Bar Ruhe Zamin ast, Hamin asto, Hamin asto, Hamin ast…." Which when translated, means, "if there is Paradise on earth, it is here, it is here, it is here….." The place was once compared to the paradise .The region had been choice of many British officials for their holidays in the British raj period and it remained a frequent location for film shootings by many directors in the 80s and 90s. However, apart from being a great tourist attraction with amazing scenic valley, it also holds a long and painful history of political instability during the latter half of 20 th century. The troubles began for Kashmir since the partition of India was proposed and it took a long line of governments and thousands of lives in pursue of the solution to its troubles. This article is an analysis to understand and highlight all the turbulence that valley of Kashmir went through from partition to present day. We will see phase to phase developments that took place in Kashmir from the time of partition to formation of Article 370 and its abrogation along with its impact on the nation in general and the state in particular.

The abrogation of Article 370 and the division of the state into two Union Territories – Jammu & Kashmir and Ladakh – on August 5, 2019, was a landmark event. The repeal of Articles 370 and 35A resulted in the abolishment of 170 state laws and initiative of 160 central laws allowing the region to move forward with economic growth and prosperity. Since 2019, significant initiatives have been taken by the central as well as the state government for the development of Jammu & Kashmir. In the month of October and November, 2019, Jammu & Kashmir government issued full-page advertisement related to the benefits of single constitution. In this paper, the researcher has analysed the texts of all the government advertisements in major newspapers published from the Jammu and Kashmir region.

Jammu Kashmir me Anuched 370 1950 me lagu hone ke baad kaise Jammu Kashmir me Algavwadi Ghatna badha aur antatah atankwadi Ghatnaon ka kendra ban Gaya iska vishleshan karne ka prayash Kiya Gaya hai
Keywords: Article 370, Separatist, Terrorism, Jammu & Kashmir

Jammu Kashmir me kis prakar se Anuched 370 ko laya Gaya aur ise Jammu Kashmir me lagu Kiya gaya tha aur lagu hone ke turant baad kaise iska virodh bade paimane par shuru ho gaya tha iska vishleshan Kiya Gaya hai
Key words: Article 370, Jammu and Kashmir, Protests

Volume 12 Issues III & IV Autumn & Winter 2016 Eastern Quarterly is a peer reviewed journal published by Manipur Research Forum. The journal's endeavour is to critically engage with social, political, economic and other key issues on India's Northeast. It encourages plurality of approaches to understand contemporary realities in the region. Eastern Quarterly also attempts to set a platform for debate and discussion among concerned individuals and collectives cutting across cultural, ideological and sectarian predilections

This paper explores the politics of exclusion in India and the threats it poses to the country's liberal democracy and regional integration. Using a qualitative research methodology, the paper uncovers how exclusionary policies in India have created serious threats for democracy and regional integration under Bharatiya Janata Party (BJP). The paper argues that politics of exclusion is increasingly becoming a threat to liberal democracy in India, citing instances like the Citizenship Amendment Bill (2019), erasure of certain chapters on Mughal history from textbooks, National Register of Citizens in Assam, increasing mob lynching, and revocation of Article 370 and 35A related to Kashmir. Furthermore, paper argues that such events are a threat to regional integration by impacting cross-border migration, cultural exchanges, and diplomatic relations with neighboring countries. Overall, the paper suggests that India must address the challenges posed by the politics of exclusion and promote inclusivity and diversity in all aspects of society to foster a more harmonious relationship between India and its neighbors in South Asia.

The paper examines and analyses the history of Jammu and Kashmir (after this J&K) and the Article 370 of the Constitution of India in light of recent changes brought about in Article 370 by the Government of India. The paper discusses the story of present J&K, which began in 1846 with the signing of the ‘Treaty of Amritsar’ between the British Government and Maharajah Gulab Singh. The paper reflects upon the effect of Treaty and despotic rule of Dogra rulers in J&K. The paper also elaborates the political situation of J&K in the 1930s and briefly discusses the role of Sheikh Abdullah in the conception of the idea of ‘Naya Kashmir’ (1944) and ‘Quit Kashmir’ movement (1946). Next, the paper focuses on the Independence of Pakistan and India (August 1947). By this time almost all major Princely States except Hyderabad, J&K, Junagarh and Khanate of Kalat acceded either to Pakistan or India. Subsequently, the paper deals with the invasion of J&K by the Pashtun Tribes, which occasioned the...

The abrogation of Article 370 and the division of the state into two Union Territories-Jammu & Kashmir and Ladakh-on August 5, 2019, wasa landmark event.The repeal of Articles 370 and 35A resulted in the abolishment of 170 state lawsand initiative of 160 central laws allowing the region to move forward with economic growth and prosperity.Since 2019, significant initiatives have been taken by the central as well as the state government for the development of Jammu & Kashmir.In the month of October and November, 2019, Jammu & Kashmir government issued fullpage advertisement related to the benefits of single constitution. In this paper, the researcher has analysed the texts of all the government advertisements in major newspaperspublished from the Jammu and Kashmir region.

Ketika Narendra Modi memenangkan pemilihan Lok Sabha pada tahun 2014, ia mulai mencari cara untuk mencabut Artikel 370. Narendra Modi selalu menolak penyelesaian dialog tentang Kashmir dengan Pakistan. Sikap ini menunjukkan arah berlawanan dari dua perdana menteri India sebelumnya yang cenderung mencari cara untuk menyelesaikan masalah Kashmir. Pada 5 Agustus 2019, otonomi khusus Kashmir secara resmi dicabut yang menunjukkan pengaruh kuat dari Narendra Modi. Kebijakan ini tidak hanya mencoreng wajah India sebagai negara sekuler multietnis, tetapi juga menciptakan ketegangan di kawasan tersebut. Penelitian ini bertujuan untuk mendeskripsikan gaya kepemimpinan Narendra Modi dalam kebijakan pencabutan Artikel 370 tahun 2019 tentang otonomi Kashmir. Selanjutnya penelitian ini dianalisis dengan konsep Margaret G. Hermann yaitu predominant leaders dengan tiga variabel; reaksi terhadap kendala politik, keterbukaan terhadap informasi, dan motivasi bertindak. Variabel-variabel tersebut diana...

The State of Jammu and Kashmir (J&K) witnessed unprecedented political developments since 2015 which eventually led to the dismantling of its statehood and the 'special status' enjoyed by the state under Article 370 of the Indian Constitution. The implications of extinguishing its statehood elicited several constitutional issues, besides bringing into focus the challenges to parliamentary practices and the federal principles. Experts have already pointed out the impact of short circuiting the parliamentary practices in respect of the issues concerning the states. J&K, being a sensitive state with a history of problems having internal and international dimensions, is pushed into the vortex of multiple chaos and the 'reorganisation' of the state is nothing but the culmination of BJP's strategy to realise its long-term goals. The article seeks to bring out the developments leading to the annulment of J&K statehood and its implications for India's constitutional democracy.

On 5th August 2019, India imposed a complete communication blockade in Kashmir including telephones, mobiles, and Internet services. Kashmiris living across the world were unable to communicate with families back in Kashmir. We conducted an online study using the HADS (Hospital anxiety and Depression) rating scale to measure the psychological distress in Kashmiri diaspora due to communication blackout and conflict in their country of origin. An online survey questionnaire using the HADS rating scale was circulated to consenting Kashmiri participants over 18 years of age using social networks. A total of 465 responses were anonymously received over 4 weeks. The results show very high scores for both anxiety and depressive symptoms across the whole sample. The results on the anxiety sub-scale showed 89% of the sample scoring above the cut off for “caseness” or “abnormal”. The scores on the depression subscale showed that 88% of the sample fell within the abnormal range. The consequenc...

Kashmir conflict is one of the longest unresolved issues at the UN table. The post-August 5, 2019 situation in Indian Occupied Jammu & Kashmir (IOJK) has changed the dynamics of the conflict. India has already started implementing demographic changes in the areas under its occupation. It is safe to say that the Israeli settler-colonial model is being replicated by India. This has created a serious existential threat to the locals of IOJK. Since the revocation of Article 370, a prolonged lockdown has been imposed, which has become the longest ever lockdown in history–creating medical, socioeconomic, and other complications. Moreover, the response from the international community has not been enough to counter the threat to the entire edifice of human rights in IOJK. In this situation where the local voices are silenced by force and the international community is apparently not doing much, the role of the Azad Kashmir government and Pakistan has doubled. Understanding and emphasizing the dynamics and urgency of the roles played by Pakistan and AJK governments in such circumstances is the focal point of this research. This article analyses both the external systemic pressures and domestic factorsthat shaped the response of Pakistan towards the Kashmir conflict historically and especially in the post-August 5 scenario using the paradigm of neoclassical realism. Employing descriptive and analytical research methods, this article discusses the factors determining the policy responses of the AJK government and social responses emerging out of the contemporary political climate of IOJK. Last but not the least, recommendations have been laid out for all the stakeholders involved in this frozen conflict.

The J&K Delimitation Commission has shared a new map of the 90 Assembly constituencies and has proposed 9 seats to be reserved for Scheduled Tribes of Jammu and Kashmir from the next election. Prior to this in 1975 vide 12th Amendment to the erstwhile Constitution of Jammu and Kashmir, 8% of total seats were reserved in J&K Assembly for Scheduled Castes.Now SCs and STs both will get political reservation in JK Assembly.
FOREST RIGHTS ACT
POLITICAL RIGHTS TO GUJJARS

The paper examines and analyses the history of Jammu and Kashmir (after this J&K) and the Article 370 of the Constitution of India in light of recent changes brought about in Article 370 by the Government of India. The paper discusses the story of present J&K, which began in 1846 with the signing of the 'Treaty of Amritsar' between the British Government and Maharajah Gulab Singh. The paper reflects upon the effect of Treaty and despotic rule of Dogra rulers in J&K. The paper also elaborates the political situation of J&K in the 1930s and briefly discusses the role of Sheikh Abdullah in the conception of the idea of 'Naya Kashmir' (1944) and 'Quit Kashmir' movement (1946). Next, the paper focuses on the Independence of Pakistan and India (August 1947). By this time almost all major Princely States except Hyderabad, J&K, Junagarh and Khanate of Kalat acceded either to Pakistan or India. Subsequently, the paper deals with the invasion of J&K by the Pashtun Tribes, which occasioned the accession of J&K to India (October 1947).

LL.M dissertation thesis was written on this topic. Empirical Research was done to analyse the Special Resident Laws of the State of J&K vide article 370 of the Indian Constitution and the issues faced by the population of West Pakistani Refugees in J&K after they were denied the residents rights in the state. The researcher did a qualitative study with doctrinal research to get an insight about the legal framework and different policies implemented since independence and empirical research to understand the insight of key stakeholders.

Kaul, Nitasha. 2021. "Coloniality and/as Development in Kashmir: Econonationalism". Feminist Review 128 (1): 114-131. doi:10.1177/01417789211016490

This article identifies the colonial imperative of 'we must develop them, with or without their consent', which is used by the Indian state in order to dominate Kashmiri Muslims, and argues that this notion of development combines patriarchal silencing of the subjugated as well as a gendered fantasy of liberating oppressed Kashmiri women and minorities. While the colonial nature of Indian rule over Kashmir has been a long-term phenomenon, the focus in this article will primarily be on a specific political transformation imposed by the Indian state since August 2019, when even the pretence of autonomy and recognition was given up, and all phenomena constituting coloniality became conspicuous and acute. Adopting a feminist lens, I highlight nine features of contemporary Indian coloniality in Kashmir: denial of consent, paternalism, violence, enforced silencing, lack of accountability, arbitrariness, divide and rule, humiliation and a specious idea of development. I further argue that such a notion of coloniality as development is better understood as 'econonationalism' (akin to homonationalism and femonationalism), where the supposed liberatory ideas are rhetorically deployed to mask a dehumanising subjugation.

the cadre policy has been changed so that more talented administrative officers can increase the efficiency of the above projects. This is not the first time that such a bifurcation has taken place. We have seen this earlier when States have been divided into smaller States. The AGMUT cadre, which is a combined cadre, basically, looks after the Union Territories of Delhi, Arunachal Pradesh, Mizoram, and Goa.
The arrangement, which has been made for this cadre, is necessary in order to meet the temporary shortages of these officers at different places and in which case, the whole pool of people who would be available, can actually meet the contingencies arising in a different place from time to time. The move by this Bill to include the two Union Territories, newly created Union Territories, by virtue of the Jammu and Kashmir Reorganisation Act, 2019, seeks to establish this particular cadre in these two Union Territories and merge them into the AGMUT cadre so that the management of personnel to meet the exigencies arising from time to time in these territories can be met much quickly and in a better manner. The pool of people, who would be available to man positions in these two areas in an objective manner, would also increase because of these Amendments.

On 5th August 2019, India imposed a complete communication blockade in Kashmir including telephones, mobiles, and Internet services. Kashmiris living across the world were unable to communicate with families back in Kashmir. We conducted an online study using the HADS (Hospital anxiety and Depression) rating scale to measure the psychological distress in Kashmiri diaspora due to communication blackout and conflict in their country of origin. An online survey questionnaire using the HADS rating scale was circulated to consenting Kashmiri participants over 18 years of age using social networks. A total of 465 responses were anonymously received over 4 weeks. The results show very high scores for both anxiety and depressive symptoms across the whole sample. The results on the anxiety sub-scale showed 89% of the sample scoring above the cut off for “caseness” or “abnormal”. The scores on the depression subscale showed that 88% of the sample fell within the abnormal range. The consequences of conflict are far reaching and can cause significant psychological distress to the diaspora. Our study shows very high rates of both Anxiety and Depressive symptoms in the respondents, who were unable to contact their families due to information blackout. To the best of our knowledge, there is hardly any such study conducted before. Further research is needed to understand the full extent of such conflict situations and communication blackout on diaspora population.

In August 2019, the populist Modi government, after getting re-elected in a massive landslide, rescinded the semi-autonomous status (constitutionally guaranteed under Article 370) of the disputed Muslim-majority region of Jammu and Kashmir (J&K) by putting its 12 million residents under an unprecedented lockdown. This article will examine the ramifications of this decision, which earned praise in mainland India but generated anger and fear among the people of J&K, especially in the Kashmir Valley, the epicenter of the Kashmiri self-determination movement? It situates the prior measures Indian government took to impose its decision on the population which strongly opposed it and assesses the human cost of this imposition. It looks at the international community's response to the political and human rights crisis obtained due to the siege imposed on the people of the contested Himalayan region. And, finally, the article indicates that the political future of Kashmir, which has been the main source of intense geopolitical rivalry between two nuclear-armed South Asian neighbors (India and Pakistan), and a site of protracted armed conflict and unarmed anti-India resistance, is likely to remain caught in a cycle of relative calm and unrest that has marked its modern history.

In this article, I analyze social media responses by Hindu men to the Indian government's August 2019 revocation of Articles 370 and 35A of the Indian Constitution that codified Jammu & Kashmir's special status. Kashmir has been under Indian military occupation since 1947 and it is now the most militarized place in the world. Hindu men reacted to the revocation of Articles 370 and 35A with glee, declaring on social media that this latest abrogation of Kashmiri sovereignty entitled them to "fair Kashmiri wives." My article contextualizes these responses in Partition era violence against girls and women. In addition, I argue that this representation of Kashmiri women resonates with colonial era martial race theory. My larger point is that the construction of race in India is part of a complex discursive formation that includes colonial attitudes, Partition violence, regional rivalries between India and Pakistan, and the rise of Hindu nationalism.

Article 370-The Legal Front. The much hyped Article 370 of the Indian Constitution provided for temporary provision for the state of Jammu and Kashmir [J&K], granting it special autonomy. What essentially Article 370 assured was to limit the applicability of laws enacted by the Indian parliament on the J&K and further restricted the applicability of the provisions of the constitution of India on J&K, subject to the conditions of [1] [d] of the aforesaid Article; and ultimately, it bestows upon the president the power to make the Article inoperative by issuance of notification, with the 'recommendation' of the constituent assembly of J&K as under article 370[3]. Article 370 [1] [d] and 370[3] of the constitution of India, which are the bedrock of the instant controversy are reproduced in verbatim; Article 370 [1][d] "such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order1 specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government" Article 370 [3] 'Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification"

The Indian government says that the removal of Kashmir's autonomy is for development, but it should be seen as embedded in a structure of neocolonialism based on fundamentalist Hindu ethnonationalism or Hindutva and fueled by neoliberalism in which even Muslims living in India are cast as invaders and foreigners. Kashmiri, doubly marked as the Other: first as Muslims and second as seekers of self-determination, fear their loss of territorial sovereignty will pave way for settler colo-nialism, dispossession of indigenous people and rampant exploitation of resources resulting in neocolonial maldevelopment.

This is a newspaper article that I wrote on account of Mental Health Day for a regional daily. This article captures the tensions after the removal of Jammu and Kashmir's special constitutional status and the burgeoning impact on mental health and its infrastructure.

Explains the ramifications of the staged visit of 27 far-right Members of European Parliament (MEP) to Kashmir, which is under a state of lockdown.  Argues that the visit will damage India's secular credentials further and alienate important Western allies.

On 5 August, India abrogated Article 370 from its constitution through presidential order. The erasure of the Article ceased the autonomous status of Indian held Jammu and Kashmir (J&K) and bifurcated the Muslim-majority state into two union territories with Buddhist-majority Ladakh getting detached from J&K. The Indian decision of revoking Article 370 came after days of uncertainty and massive military build-up in the disputed territory. Coupled with massive military build-up, a crackdown was imposed in the state by virtually cutting it off from the rest of the world both physically and virtually. This piece of writing will analyze the violations of fundamental human rights in J&K by the imposition of crackdown through international human rights law.

The state-sponsored terror in Kashmir and the atrocities in the rest of the country in the name of Hindu supremacy apparently do not fall under the purview of Angela Merkel's agreement with Narendra Modi to jointly counter terrorism and prevent violent extremism.