The crisis over Kashmir, triggered by the Indian government’s decision to impose direct rule from Delhi, has universal relevance. It says much about the times we live in and how we are ruled. Here is a semi-autonomous state, part of a federal union protected by a constitution, which has seen its
democratic freedoms abruptly abolished by executive decree. This was a very Indian coup, but one with a global context.
Narendra Modi, India’s prime minister, and the ruling nationalist BJP stand accused of acting without proper legal authority by unilaterally revoking article 370 of the constitution, which guarantees Kashmir’s special status. Delhi’s arbitrary bifurcation of the state into two union territories (Jammu and Kashmir, and Ladakh) is also legally contentious. Opponents say Modi has
opted for “raw power” over legitimacy.
Modi also ignored UN resolutions on the internationally recognised dispute with Pakistan over sovereign control of the Kashmir region and, notably, the 1972 Simla agreement, which stipulates that its final status must be settled by peaceful means. That point was made last week by the UN secretary-general while appealing for “maximum restraint”. To cap it all, Modi failed to consult Kashmir’s political leaders, whether pro-independence or pro-India, or the Kashmiri people. Quite the opposite, in fact. Political leaders were placed under house arrest. The population was placed under curfew. Means of association and communication were cut. And massive army deployments have been used to enforce Delhi’s diktat.
By subverting the constitution, ignoring India’s Simla obligation to ensure that the “principles and purposes” of the UN charter govern relations with Pakistan, and removing Kashmiris’ right to self-governance, Modi has placed himself squarely in the wrong. To argue, as he does, that Kashmir is solely an internal matter is to ignore the realities of 70-plus years of strife.
If this sounds familiar, it should. This is the dog-eats-dog world created by Donald Trump,
Xi Jinping, Vladimir Putin and copycat ultra-nationalist “strongman” leaders. It is a lawless world where the rules no longer apply, where pacts and treaties are bypassed or torn up, where nations blindly pursue perceived self-interest and where minorities, however defined, are mocked, ignored and exploited.
In this harsh, ugly world, Modi the hardline Hindu nationalist and his Muslim-baiting BJP colleagues are a good fit. It may be the case,
as Modi argued last week, that Kashmir has suffered from decades of violence and a lack of jobs and investment. It is certainly true India’s record of
human rights abuses in Kashmir is a shaming one.
But by imperiously imposing his will, Modi only raises new obstacles to progress. This is not the way forward. It will not improve the lives of most Kashmiris. It will not ease the security burden on the Indian state. More likely, it will lead to political resistance across the board, escalating confrontation and the exploitation of tensions by violent extremists on both sides. Modi claims a “new era” has begun. Kashmiris see only a new calamity.