Updated: Article 370

(Article updated. See original here)

Happy Indian Independence day! Let’s talk.

Ten days ago last year, Article 370 was revoked. For those who do not know, it allowed Jammu & Kashmir to be a sovereign state with its own flag, laws, and constitution. Notably, it barred Indians from outside the state from purchasing property or settling there.

So why did India do it? The Hindu nationalist movement has, since 1947, been fighting for the “reorganization” of J&K. The BJP insists it would allow Kashmir to benefit from the Indian central government’s policies, by allowing it to be on the same footing as India. Nevermind the fact that most Kashmiris were against the revocation of 370. Nah, they don’t know what’s good for them. The idea was for them to be absorbed into the Indian (read: Hindu) fold and abide by the Indian constitution. This nullified their constitution and negated their ability to determine their own laws.

Naturally, Kashmiris took (and continue to take) to the streets to demand their rights. As a consequence, protesters were arrested, maimed, tortured, or killed. Between January 1st, 2020 and June 30th, 2020, 229 people have been killed by Indian forces in Kashmir. These killings are meaningless, but special forces are given immunity due to the Armed Forces (Special Powers) Act (AFSPA). This law has been in force since 1990 in J&K. More than 50,000 Kashmiris have been killed by Indian forces in 30+ years. Because of the AFSPA, the Indian government does not give civilian courts the power to prosecute security forces. 

The entire state was on lockdown for seven months. Schools, colleges, businesses shut; elected officials on house arrest; civilians threatened to stay home; military personnel were stationed everywhere throughout the state. People outside of Kashmir had no way of knowing how their families were doing in the occupied area. There was no internet. There is a curfew that has remained due to the threat of COVID-19. Even doctors and frontline workers in Kashmir are being harassed and targeted by Indian forces. The freedom and struggle that is celebrated in India is still ongoing in Kashmir, one year after Article 370 was revoked. Nothing has changed. 

The original intent - as stated by PM Modi - is that the revocation of Article 370 would allow for economic gain by bringing jobs, investments, and education to the region. Maybe that’s true, however this is a classic colonist talking point. Economic gain is not an argument for forced integration. This was an executive decision done in the dark with no vote. If this was meant to be such a great move, why did the Indian government do it on the down low? If this is going to give Kashmiris the rights they supposedly deserve, why is it happening without any input from the actual inhabitants? This isn’t just about territorial pissings. Let’s not sugar coat it. This is a form of identity theft. This is a very clear attempt at undermining the rights of Muslims and other minorities in India. Many say that by allowing other Indians to buy property in J&K, the BJP plans to saturate the Muslim-majority population in that area with Hindus.

Religion exists because of sociology. Religion is not biological. So to address a territory issue from the point of view of some imagined biological superiority just doesn’t make any sense. As an NRI Hindu millennial, I feel all kinds of disappointment about the recent goings on in Kashmir. I feel ashamed, as a Hindu often surrounded by Islamic xenophobic rhetoric, that I am largely unable to sway this rhetoric no matter how much or little I try. I feel angry because identity theft in the name of Hinduism is appalling. Perhaps most irrationally, I feel a gratuitous responsibility to speak out against Hindutva as an ally - just because I’m Hindu. I often find it difficult to toe that line of condemning what’s wrong and taking too much responsibility.

That there have been tensions between Hindus and Muslims is a fact that’s been true for centuries. When Bangladesh and Pakistan were established, they were meant to be Islamic countries. India, however, was always meant to officially be a secular country. But the Hindu nationalist-led Indian government has allowed Hindutva to gain power and support from Indian-Hindus everywhere. And lately, it’s turned India into a de facto Hindu government. There are aspects of citizenship that are being determined not based on ancestry or region, but by faith, with the obvious preference given to Hindus. This was heightened in December 2019, when the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) bills were passed. The CAA provided a pathway for illegal immigrants of Hindu, Sikh, Buddhist, Jain, Christian, and Parsi faiths to gain citizenship so long as they can prove they fled from religious persecution from Pakistan, Bangladesh, and Afghanistan, before 2014. The amendment explicitly excluded those of Islamic faith, despite the fact that Muslims are one of the most persecuted religious groups in the world even in Islamic countries (just a few examples: Rohingya genocide, Shia persecution, ersecution of Ahmaddis). The NRC is a register that documents legal immigrants to India. It is used in conjunction with the CAA to deport people (mainly Muslims), leaving them stateless.

It is easy to see how this political climate has greatly affected our greater sociological atmosphere. It’s a positive feedback loop: hate breeds hate.

So can we really wish ourselves a happy independence day? Sure. After all, India did overthrow a 300 year old empire and gain freedom and independence. India deserves to revel in that win. But it’s also important to be critical of the decisions made by the leaders of our motherland. What are they doing with all that newfound power? Oppressing others. Just to show the world they can. Weird flex, India. Weird flex.

by Tanushree

Sources

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