Statehood of IIOJK and Biased Judiciary

Wed Dec 20 2023
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Sikandar Noorani

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Rejection of petitions against unilateral abrogation of quasi-autonomous status of Jammu and Kashmir has once again proved contentious tilt of Indian supreme court in favour of extremist quarters.

Modi led BJP regime is poised to crush the Muslim identity of Kashmiris with the hammer of violent Hindutva ideology. Shocking stories about atrocities and human rights violations in IIOJK have been   surfacing regularly after the abrogation of Article 370 in August 2019. Curfew, communication shutdown and violence are the only means available with Indian state to deal with public anger and retaliation. Kashmiri Muslims, who happened to be a majority community in IIOJK, have not yet surrendered to the violent occupational methods of New Delhi.

IIOJK

Strategic signaling from India and Pakistan was very meaningful on completion of first year of unilateral illegal abrogation   in August 2020. Response of both states set a tone at that time which is still visible in all policy statements and actions. Pakistan continues to support the legitimate right of self-determination for Kashmiris. On the other hand, India has opted to suppress the Kashmiri masses with violence, coercive tactics and manipulative legislative measures. Unilateral abrogation of statehood of Jammu and Kashmir was a major step of Modi regime to extinguish the flames of freedom in IIOJK almost four and half years back.

On the first anniversary of this illegal act, Modi decided to lay the foundation stone of Ram Temple at the ruins of Babri mosque with all extremist religious fanfare. Who can deny that such an unprecedented desecration of Babri mosque was eventually legitimized with the support of biased Indian judiciary. Whereas, Pakistan responded principally by unveiling new political map which in fact represented the national stance on multiple border disputes with India laying more deliberate zoom on Kashmir. What apparently shocked India the most in new political map was revival of Pak claim on Junagarh and Manavadar.

IIOJK

This move from Pakistan side came almost within a week time when Nepal had already issued new map reclaiming its territories under illegal occupation of India back in 2020. Besides this, India’s border stand-off with China at Ladakh was also making spicy headlines irking Modi and his hawkish aides in those days. World received some very bad messages from India and its ruling cult headed by Narinder Modi. One, India threatening regional peace by forcefully pursuing border disputes with Pakistan, China and Nepal.

Two, laying the foundation stone of a grand Hindu temple at the disputed site of a demolished mosque at the first anniversary of abrogation of Kashmir’s statehood was also a strong symbolic reflection of hateful Muslim centric ideology. This is worth mentioning that response from Pakistan had never been undiplomatic and unlawful. Islamabad has always been advocating for the durable solution of Kashmir issue in the light of UN resolution using non-violent methods. In post abrogation scenario, India under Modi’s leadership has turned more extremist and violent as evident from the reports of human rights watch dogs like UNHRC and Amnesty International. Persecution of minorities, attacks on worship places of non-Hindus, controversial discriminatory legislations, displacement of the Muslims from native towns, forced conversions and mob lynching episodes are being frequently pointed out in periodic reports of international organizations. IIOJK seems to be a place where BJP hawks are trying to create victory ripples with an obvious aim to ignite populist election campaign over anti-Muslim narratives.

IIOJK

This strategy can be easily detected from the fiery statements of BJP leaders demonizing the Congress for 1947 partition and self-styled allegations of selling Kashmir to Pakistan. Prior to the announcement of controversial verdict on petitions challenging the 5th August controversial act of abrogation, BJP leaders including senior ministers had repeated false claim over AJK. Such provocative statements are true reflection of Indian hawkish mindset and quite threatening for the regional peace. Offensive entanglement of India with China in Ladakh is undeniably an extension of Kashmir dispute.

China, being a major regional stakeholder, has opposed unilateral alterations of the status of disputed territories. Controversial act of abrogation leading to the conversion of disputed territories of Jammu, Kashmir and Ladakh in Indian union territories was categorically opposed by China at many occasions. Recently, Turkey and China have criticized the biased verdict of Indian supreme court on the issue of statehood abrogation.

IIOJK

OIC has also followed the suite and urged India to refrain from violating the fundamental human rights of Kashmiris. Unfortunately, hawks of BJP lack the sense for universally recognized fundamental human rights and international laws. Prolonged inaction of UNO on sensitive issues like IIOJK and Palestine has been a kind of encouragement for reckless India and Israel who are oppressing the unarmed population with impunity. Genocidal policies of oppressor India and Israel in Kashmir and Palestine respectively are a huge burden on the conscious of global powers. Extremist ruling cult, biased courts, disinformation networks, hired assassins and terrorist proxies have transformed India in a rogue state.  In the existing complicated regional context, principle-based stance of Pakistan over IIOJK is the only cogent option which can deter the ignition of clash between two nuclear states.

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