Full Statehood Demand Stands Further Justified
M A Baby
SIX years back, on August 5, 2019, the Modi government abrogated the special status of Jammu and Kashmir under Article 370 and Article 35 A. J&K was robbed of its right to statehood and divided into two union territories. The CPI(M) strongly opposed the unconstitutional, illegal and authoritarian moves. We said that it was not just an abrogation of the special status of a state, but an abrogation of democracy itself. We warned that the country will have to pay a heavy price for measures which are not only a betrayal of the people of J&K, but also of the secular and democratic values of the country.
The dismantling of Jammu and Kashmir has been widely perceived as an act of humiliation by the people there. Oppressive security measures were imposed, with hundreds of people, including members of the media, booked under draconian laws like UAPA and PSA and lodged in jails both within and outside Jammu and Kashmir. Even now the people of Jammu and Kashmir are being deprived of passports and employment on various pretexts. The land laws enacted after radical land reforms carried out in the state, which were unique in the country, have been abolished. State subject laws have been scrapped. Domicile certificates are issued even to non-residents, allowing them to purchase land. This has severely impacted the interests and concerns of the local population.
Despite tall claims by the union government, unemployment among educated youth has reached an all-time high in the region. According to the Periodic Labour Force Survey (PLFS) data released by the Ministry of Statistics and Programme Implementation in 2024, the unemployment rate in Jammu and Kashmir was 11.8 per cent, nearly double the national rate of 6.4 per cent. Since the abrogation of Article 370 unemployment, inflation, and economic decline in Jammu and Kashmir have only worsened. Various taxes, such as property tax and toll tax, have been imposed or increased. The menace of drug addiction has assumed dangerous proportions, posing a severe threat to the future of the youth.
It was against the backdrop of all this that the people of J&K defeated the BJP and their allies in the first Assembly elections held there after the bifurcation and downgrading of the state of Jammu and Kashmir. They were defeated despite the divisive de-limitation exercise which was carried out in J&K subsequent to the abrogation of Articles 370 and 35A. The delimitation of constituencies pointed to the actual game plan of the Modi government. It was to change the demographic nature of the state, beginning with a reordering of constituencies through delimitation to give more weightage to the non-Muslim areas. With the removal of the permanent resident status under Sec 35A this could be easily manipulated.
Despite the drubbing in the Assembly elections, the BJP does not seem to have learnt its lesson. They are still going ahead with measures that antagonise the people of J&K. The latest in that series is the abolition of the holiday on Martyrs’ Day, which commemorates the killing of 22 Kashmiris by the Dogra Army on July 13, 1931. Omar Abdullah, the elected chief minister of Jammu & Kashmir was manhandled by the police at the Naqshband Sahib graveyard in Srinagar when he had gone to pay homage to them. Various political leaders including Mohd. Yusuf Tarigami, Central Committee member of the CPI(M) and member of the J&K Assembly, were placed under house arrest and prevented from proceeding to pay homage to the martyrs. On the other hand, the birthday of the Maharaja, responsible for killing freedom fighters was declared as a holiday.
The BJP government must stop playing with the sentiments of the people of Jammu & Kashmir. The Lt. Governor appointed by the union government is undermining the smooth functioning of the duly elected state government. On June 10 and 11, a delegation of the CPI(M) visited the families of those affected by cross-border shelling in Uri, in the aftermath of Operation Sindoor, to make an assessment of the people’s sufferings in the border areas. During that visit, the ire and the disappointment of the people of Jammu and Kashmir were palpable. They were still in anguish over the downgrading of their state into a UT. On top of that, when their elected CM is not even informed of the review meetings pertaining to the security of Jammu and Kashmir — he should’ve ideally chaired it, rather than the LG — their pain will only be aggravated.
Currently, J&K is experiencing a stalemate in governance, because the LG is by-passing the elected state government and its head, the chief minister, at the behest of the union government. Under Section 36 of the J&K Reorganisation Act, any Bill or amendment involving financial obligations for the union territory cannot be introduced in the legislative assembly without the LG’s recommendation. This gives the LG effective veto power over a wide range of policy decisions, as most have financial implications. Further amendments by the Ministry of Home Affairs (MHA), has expanded the LG's powers. The current legal framework allows the LG — thereby the union government — to exercise significant administrative control. The LG has transferred Jammu and Kashmir Administrative Services (JKAS) officers without consulting the elected state government.
As such, the LG has exclusive control over the police and law and order. Yet, we saw what happened in Pahalgam. The union government with all its powers in Kashmir, could not stop a terror attack on Indian soil. The LG has now issued direct orders for security audits, establishment of checkpoints, night patrols, and coordination with armed forces, bypassing the CM’s office. He has also terminated government employees suspected of militant links without inquiry. Even due process is ignored. Then, how can the law and the Indian Constitution be upheld in Kashmir? On some issues of governance there is no clarity, and formal notification of business rules have not been notified. When an appointed figure can toy with the elected leader, public trust in democratic processes is undermined, as it fuels a perception that elections are meaningless if the government cannot exercise real power.
Such a situation will prolong political instability. It will delay normalisation and reconciliation, impacting peace and development. It can even fuel resentment and strengthen separatist sentiments. In J&K itself, we have examples from the past that point to this real danger. Elected governments were toppled and elections blatantly rigged time and again under central auspices such as during the 1987 election. Kashmiris, especially in the Valley, have faced the most brutal forms of repression with firings and arrests. Pellet injuries have blinded scores of young people. The largest contingent of armed forces and para military forces have been stationed in the state. The draconian Armed Forces Special Powers Act (AFSPA) — which the CPI(M) has time and again demanded should be lifted in all civilian areas — was applied almost everywhere.
Integration can never be achieved through coercion and repression. It can only be achieved through dialogue. However in spite of repeated assurances, the union government has refused any political dialogue with the people of J&K and their representatives. At the same time, the RSS-BJP combine has tried to conduct communal campaigns in the aftermath of Pahalgam terror attacks and Operation Sindoor. Even then, Kashmiris have been upholding their glorious tradition of standing together to fight divisive tendencies.
In our 24th Congress, the CPI(M) demanded that full statehood should be immediately granted to Jammu & Kashmir as a step towards restoration of special status. The recent developments in J&K — especially with the LG acting undemocratically at the behest of the union government —underscore the fact that its status as a UT limits the power of the elected government there. So naturally, calls for restoring full statehood to J&K and the restoration of Articles 370 and 35A, stand further justified.
