Jammu & Kashmir, a new configuration set up by Government of India
This article talks about change in the decades old situation of Jammu and Kashmir (J&K). It also discusses how the new configuration is set up by the government of India IN Jammu & Kashmir and how the proponents of status quo criticized the government and alleged it a unilateral decision. What is the global reaction and what is the stand of the government of India? The back story about Kashmir issue is detailed in article “Constitutional Articles for Jammu & Kashmir”.
Introduction
Delimitation of Jammu & Kashmir
Impact of Reconfiguration of Jammu & Kashmir
India's Stand
Steps taken by Pakistan
Steps taken by China
UNSC Meeting
Introduction
In August 2019, government of India undertook a big decision about state of Jammu and Kashmir. Before disclosure of this decision, central government mobilized troops in the state to maintain law and order. The decision was to revoke article 370. The home minister tabled presidential order in the parliament which stated that article 370 stands to be revoked with immediate effect. Another step was enactment of Jammu and Kashmir Reorganisation act, 2019 which bifurcates state of J&K in to two union territories (UTs): Jammu & Kashmir and Ladakh. J&K will be a UT with its own legislature and Ladakh without legislature. The process of UTs formation will be completed by 31st October 2019.
Delimitaion of Jammu &Kashmir
According to section 60 of Jammu and Kashmir Reorganisation act, 2019, the number of seats in J&K assembly is to be increased from 107 to 114. Earlier, the distribution of seats was 46 from Kashmir, 37 from Jammu and 4 from Ladakh. Now, Ladakh will not have any seat in assembly because it is becoming a UT without legislature. The distribution of seats between Jammu and Kashmir will be decided by Delimitation Commission once it will be established.
Impact of Reconfiguration of Jammu & Kashmir
Many saw this move as undemocratic as the leaders of Jammu & Kashmir were under house arrest but later government made their stand clear that the whole objective was to maintain peace in the region. India’s neighbouring countries, Pakistan and China were not happy also. Pakistan claimed that abrogation of article 370 is illegal and there is a security threat as India might attack Pakistan occupied Kashmir (PoK). Similarly, China is blaming India for making unilateral decision without consulting other stakeholders. Their claim is disruption of Line of actual control and Line of control.
India’s Stand
The government of India is defending its action by giving following arguments:
- Reorganisation of Jammu & Kashmir is a matter, internal to India.
- The new set up of Jammu & Kashmir does not alter line of actual control as India is not making any new claims.
- The purpose of revoking special status of Jammu & Kashmir is better governance and socio economic development.
- India reiterated its commitment under Special Representative Mechanism in 2005 to peacefully resolve border disputes with China through political solutions.
- India is also willing for peace dialogues with Pakistan if it stops supporting terror outfits from its soil.
Steps taken by Pakistan
Pakistan efforts were always to internationalize the Kashmir issue. This time, Pakistan approached US president Donald Trump to mediate the Kashmir issue but USA favoured India. Then, it approached United Nations Security Council (UNSC) which did not fructify. Pakistan also approached Poland which is holding presidency of UNSC for August 2019 but Poland did not support. Finally it approached its friend China for bringing this issue in UNSC.
Steps taken by China
Since China is a permanent member in United Nations, therefore by applying all its might it was able to arrange for an informal meeting in UNSC on the action taken by GoI regarding article 370. Since 1965, it is first time that Kashmir issue discussed in United Nations.
UNSC Meeting
The informal meeting of UNSC does not keep its record and does not make any statement. At this meeting, out of 15 members of UNSC (5 permanent + 10 temporary), 12 members favoured India. Britain was neutral. Only China stood in support of Pakistan. This is a diplomatic victory for India. Pakistan has to satisfy with the occurrence of an informal meeting and that too with the effort of China. Though India got support of international community at UNSC, still India needs to be careful and cautious for maintaining peace in the region otherwise China can take the excuse of human rights violations.
Overall, what matters is the support of public of Jammu & Kashmir which can be garnered only by development for which government of India is making full efforts.
See Other Posts: Constitutional Articles for Jammu & Kashmir
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