Re-colonisation of Jammu and Kashmir and the Right to Self-determination
Bibliographic Data
| ID | 13062005 |
|---|---|
| Authors | Niaz A Shah (0000-0002-0689-4434, University of Hull, corresponding author) |
| Year | 2022 |
| Volume | 11 |
| Issue | 2 |
| Pages | 186-220 |
| Publication date | 2022-11-22 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 2213-1027 • E-ISSN: 2213-1035 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/22131035-11020005 |
| OpenAlex | W4309973175 |
| Language | EN |
| References cited | 4 |
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
| Citation velocity | historical |
|---|---|
| Highly cited | No |