Cross-Border Terrorism and Article 370
CROSS-BORDER TERRORISM AND ARTICLE 370
- Shaheen Banoo, Symbiosis Law School. Pune
Anachronistic Article 370 of the Indian Constitution is often inculpated with cross-border terrorism and ascribed with the social and economic injustice sustained by the masses of Kashmir for eons. It grants special status to the state of Jammu and Kashmir;empowering it to have its own laws. The primordial special status of Jammu and Kashmir vis-a-vis Article 370 has helped political elite to flourish, however, the same has led denial of socio-economic justice for the people over the past decades into the bargain.[1] Cross-border terrorism thrives essentially on the backdrop of prevalent separatist sentiments stemming from denied economic opportunities and restricted social gains which Pakistan has incessantly exploited to forward its ulterior motives in the region of Jammu and Kashmir.
WHETHER PAKISTAN SHARES A MYRMECOPHILOUS RELATIONSHIP WITH TERRORISM?
Statistics show an undeniable link between separatist politicians and terror groups duly sponsored by India’s neighboring country Pakistan. The intrinsic fallout of radical cross-border terrorism has led tens of thousands of innocent Kashmiris to lose their lives over many decades. Thus, leading the question for the world to answer is whether Pakistan shares a myrmecophilous relationship with terrorism? It must be emphasized that any justification for cross-border terrorism is intrinsically untenable. Amidst scrapping of Article 370, it is fundamental to put into perspective, whether this unflinching move could result in freedom from terrorism and ameliorate maintenance of law and order in Jammu and Kashmir.[2] It is an indubitable lowdown that Pakistan has been surreptitiously sending militants across India; sufficiently attests its attempt at spreading cross-border terrorism in Jammu and Kashmir.
EFFECTS OF ABROGATION OF ARTICLE 370 VIS-A-VIS CROSS BORDER TERRORISM
The unprecedented move has witnessed unparalleled information black hole in the war-torn region. Jammu and Kashmir have been dealing with indefinite lockdown coupled with no internet connection and no means of communication in order to descry what was transpiring. The clampdown has resulted in schools being shut for the children to suffer under the garb of bringing peace into the region. The right to education is a fundamental right that has received an unassailable setback compromising the future of such children in the valley. Therefore, the burning question of the hour is that why the government is not thinking about such social issues pertaining in the valley where children cannot go to school, moving out from the house is punishable, seeking information is sequestrated, right to internet facilities is off the beaten track, right to livelihood is put up the shutters and right to any form of communication is expropriated. These are the social issues that have followed post abrogation of Article 370 that might eradicate cross-border terrorism but have birthed other forms of injustices in Jammu and Kashmir. It must be borne in mind that one wrong cannot be undone by another wrong. Equitable policy decisions are necessitated to bring about real peace, just and harmony. Moreover, the conflict-hit region in the absence of its own Human Rights Commission will witness a surge in human rights violation incidents. Thus, the logical fallout is that the abolishment of Jammu and Kashmir States Human Rights Commission would trammel the right of people to access to justice, hands down. [3]
It should be recalled that former political leaders of Kashmir have put under house arrest as they labeled the move of scrapping Article 370 unconstitutional and illegal.[4] Often people of Kashmir have suffered detention without trial that defeats the purpose of the aimed public safety. More so, detention without trial is the worst form of justice delivery that any democracy could offer its citizens.
The Indian government has claimed that militancy has declined exponentially, cross-border infiltration has dwindled by 43% and the recruitment of the locals by militant groups has waned by 40% which has raised significantly in the contested region of Jammu and Kashmir since the scrapping of Article 370.[5] Moreover, the government has maintained that efforts of Pakistani terrorists to increase the number of militants have been reduced following security operations for their elimination. Khalid Shah stressed that despite statistics showing progress on the ground, however, bringing back normalcy to the Valley remains an elusive goal for the time being and offers a skeptic view that the equilibrium of momentary calm takes only a small trigger to ignite unrest. Therefore, the government must chalk out a sensitive approach towards the problem that the people in the Valley are enduring.[6]
The unprecedented move necessitated the deployment of extra military troops across Kashmir vis-a-vis to maintain law and order in the state. Further, it is pertinent to note that it is no secret that Pakistan has a long history of surreptitiously funding militant groups and supporting terrorism in Kashmir, notwithstanding international pressure from allies. However, numerous human rights activists are skeptical of the fact that destroying the special status of Jammu and Kashmir will result in altered demographics cum erosion of Kashmir\'s core rights and ethnicity.[7] Prudence dictates that the government has revoked Article 370 of the Indian Constitution to have improved good governance to deliver socio-economic justice in the state of Jammu and Kashmir. However, practice dictates that there is an atmosphere of unrest in the State due to telecommunications being shut and landlines snapped.
The need of the hour demands that cloud of separatism should be destroyed which have loomed over Kashmir for many decades and has resulted in more than forty thousand lives being lost in the Valley due to cross-border terrorism. Therefore, it is time that India should redeem itself in Jammu and Kashmir not just in words but the full spirit and the government is required to have a well-thought-out plan and strategy to deal with the social issues looming over the population of the State post revocation of Article 370. Tehmeena Syed who is a women rights activist from Kashmir is of the view that the abrogation of Article370 was the undeniable need of the hour to get rid of cross border terrorism and insurgencies in Kashmirand notes that cross-border terrorism is the root cause of decades of ongoing instability in Jammu and Kashmir.[8]
Only time will answer whether scrapping of Article 370 strode with the motive of bringing economic development and social progress have resulted significantly in the intended the change aimed at improvement of daily lives and the creation of more opportunities by establishing peace in the region. The glaring question of the hour therefore stands, whether the unflinching move of abrogation of Article 370 will suffice eradication of cross-border terrorism or will it prove as an exemplar of legislative authoritarianism by the government in the times of unrest in Jammu and Kasmir.
REFERENCES
[1] Press Trust of India, \'Anachronistic Article 370 encouraged terrorism: Jaishankar\' India Today(London, 24 September 2019).
[2] Rakesh Mohan Chaturvedi, \'Article 370 Cause of Corruption & Terrorism: Amit Shah\' (The Economic Times, 06 August 2019) <https://economictimes.indiatimes.com/news/politics-and-nation/article-370-cause-of-corruption-and-terrorism-amit-shah/articleshow/70546744.cms?from=mdr> accessed 13 April 2020.
[3]\'J&K State Human Rights Commission\' Amnesty International India(India, 30 October 2019).
[4] Claire Parker, \'India’s Clampdown on Kashmir Continues\' (The Washington Post, 13 August 2019) <https://www.washingtonpost.com/world/2019/08/05/india-revoked-kashmirs-special-status-heres-what-you-need-know-about-contested-province/> accessed 13 April 2020.
[5] Bharti Jain, \'Net Infiltration in J&K Reduced by 43%: Union Minister in LokSabha\' (The Times of India, 09 July 2019) <http://timesofindia.indiatimes.com/articleshow/70148745.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst> accessed 11 April 2020.
[6] Khalid Shah, \'Despite Improvement in Situation, the Government of India Should Tread Cautiously in J&K\' (Observer Research Foundation, 31 July 2019) <https://www.orfonline.org/expert-speak/despite-improvement-situation-government-india-should-tread-cautiously-jk-53933/> accessed 12 April 2020.
[7]Jeffrey Gettleman, Suhasini Raj, Kai Schultz and Hari Kumar, \'India Revokes Kashmir’s Special Status, Raising Fears of Unrest\'(The New York Times, 05 August 2019) <https://www.nytimes.com/2019/08/05/world/asia/india-pakistan-kashmir-jammu.html> accessed 14 April 2020.
[8] Dipanjan Roy Chaudhury, \' European Parliamentarians Back PM Modi\'s Fight Against Cross-Border Terror\' (The Economic Times, 04 March 2020) <https://economictimes.indiatimes.com/news/defence/european-parliamentarians-backs-pm-modis-fight-against-cross-border-terror/articleshow/74454268.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst> accessed 14 April 2020.
