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Re-colonisation of Jammu and Kashmir and the Right to Self-determination

Bibliographic Data

ID13062005
AuthorsNiaz A Shah (0000-0002-0689-4434, University of Hull, corresponding author)
Year2022
Volume11
Issue2
Pages186-220
Publication date2022-11-22
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueInternational Human Rights Law Review (JOURNAL)
Journal identifiersISSN: 2213-1027 • E-ISSN: 2213-1035
PublisherBrill (PUBLISHER • NL)
DOI10.1163/22131035-11020005
OpenAlexW4309973175
LanguageEN
References cited4

On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir ( j&k ) was established under the terms of the Instrument of Accession by the Ruler of j&k . To change the demographic composition of j&k , Article 35A of Indian constitution 1949 was also abolished and new domicile rules were introduced paving the way for non-Kashmiri Indians to settle permanently in j&k . Under the Jammu and Kashmir Reorganisation Act 2019, Kargil and Leh districts were cut from Jammu and recategorized as Union Territory of Ladakh and the state of j&k was relegated to a Union Territory directly governed by the central government. On 5 May 2022, a delimitation report was published giving more seats to Hindus compared to Muslims against the population criterion. This article argues that India had started re-colonisation of j&k since October 1947. Eliminating its autonomous status in August 2019 was not the starting but a tipping point of the re-colonisation. After decolonisation of British India in August 1947, major Indian states such as Hyderabad; Junagadh and j&k were given the option to join India or Pakistan. India saw this as a ‘grave threat’ to her organic unity and invaded Hyderabad on 13 September 1947; j&k on 27 October 1947 and Junagadh on 9 November 1947. It is argued that India secured accession from the Ruler of j&k under compelling circumstances and on the condition that a free and impartial plebiscite would be held to ascertain the wishes of Kashmiri people. Since 1947, the pledge of plebiscite did not materialise. As freedom from colonialism has become a jus cogens , it is argued that the United Nations (UN) and its members have erga omnes obligations to respect and support the right to self-determination of the Kashmiri people

Accession · Ancient history · Constitution · Constitution of India · Decolonization · Economics · European union · Geography · Government (linguistics · Political science · Politics · Population · Ruler · Sociology · Sovereignty · State (computer science · Demography · History · Law · Mathematics · South Asian Studies and Conflicts · South Asian Studies and Diaspora · Southeast Asian Sociopolitical Studies

  • Resisting occupation in Kashmir

    Basharat Ali•Contemporary South Asia•2018

  • Kashmir and the Indian Union

    Open Access•Paras Diwan•International and Comparative Law…•1953

  • Coloniality and/as Development in Kashmir

    Open Access•Nitasha Kaul•Feminist Review•2021

  • Kashmir, India and Pakistan

    Mohammad Abdullah•Foreign Affairs•1965

Citation velocityhistorical
Highly citedNo

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