Skip to main content

Corporate investment in Kashmir in highly communal atmosphere 'can't hold' promise

Pushkar Raj*
Last month, the Government of India with a presidential reference abrogated Article 370 of the Constitution that gave special status to the state under its agreement of annexation with India in 1947. Under the article the state had its own constitution, flag and assembly to guard its autonomy, but now it would be governed from New Delhi.
On face, it seems within the government’s jurisdiction, but for the reason that the said article itself defined its terms of demise providing that such a recommendation must come from the Constituent Assembly, later replaced with the words "legislative assembly" by a government order in 1952, makes it untenable.
As per law the recommendations must have come from the legislative assembly of the state, which was recently dissolved. However, the government decided to bestow all the powers of the assembly to an unrepresentative governor, empowering him to recommend to the president that he issue an order effecting the change.
This is stretching the rule of law to a farce and sets a new low in political machinations for political gains at the cost of the constitutional propriety. One would not fault the government to have taken this step after duly calling election and gaining consent of the assembly, but the will of a nominated governor is not equivalent to will of the people.
Article 370 was an important element of the constitution, serving as an extension of the principle of federalism that provides for division of powers between the central government and the states under Part IX of the constitution.
Reducing a state to a status of a union territory and usurping its powers through an executive order is tampering with the federal character of India, which according to Article 1(a) of the constitution “shall be a union of states.” The action sets a precedent for similar high handedness approach to ‘integration’ in relation to many north eastern states that enjoy similar relationship with the centre as Jammu and Kashmir did.

Worrying trend

In the aftermath of the decision, the government has taken tough security measures in Kashmir. The Internet is shut down, paralysing communication obstructing treatment in hospitals, education in schools and communication with loved ones. More than 3,000 people are in custody and police are monitoring streets.
It is a state of emergency asphyxiating more than 7 million people, and all seems to be happening lawfully with public support. On the contrary people should worry that what goes on in Kashmir today can happen in any part of the country tomorrow.
In the name of fighting terrorism in Kashmir, the government has acquired extraordinary powers. It has recently acquired powers to declare an individual a terrorist. This is bizarre, as any intellectual could be dubbed an "Urban Naxal", called anti-national and linked with terrorism. Given the government’s grip on social and electronic media and the status of the police, it is a stick in the hands of any government to crush any dissent in a pluralist country needing no formal declaration of civil emergency.
While the regions of Jammu has welcomed the government’s action, the Kashmir is extremely resentful amid reports of protests and curfews revealing religious polarization in the state, as Jammu comprises majority of Hindus while Kashmir is nearly all Muslim.
This is depressing news for secularism as Jammu and Kashmir, the only Muslim-majority state, co-existed with majority-Hindu India under the assurance of secularism under which it felt protected. That protection seems to have gone now, at the same time unnerving about 170 million Muslims in the rest of the country who already feel threatened by an increased communal polarisation.
On positive side, the move has benefited tens of thousands of west Pakistani refugees and scheduled castes, deprived of basic human rights like voting and employment
On a positive side, the move has benefited tens of thousands of west Pakistani refugees and scheduled castes, who were deprived of basic human rights like voting and employment in government and could not buy or sell property despite living in the state for more than 70 years.
The political leadership of the Kashmir Valley failed to rise to the expectations of these marginalized groups despite several protests. Besides, hundreds of thousand Kashmiri pandits too might now hope to dispose their properties honourably and feel less exiled than earlier as revocation of article 370 was one of their main demands.

No easy road to peace

The government’s argument is that it has taken this step for greater capital investment from burgeoning corporate sector of the country boosting development of the region and providing employment to youth, weaning them away from radicalization. This could have been possible in a secular India where rule of law was sacrosanct, but in today's highly communalized atmosphere, it does not hold much promise.
It is noticeable that Islamic radicalization in Kashmir is closely linked to the rise of Hindu fanaticism in Indian polity and governance. It is unrealistic to wish one away while stoking the other, as manifested in unabated lynching of Muslims in the country and acquittals of the accused.
The government’s action is likely to be fiercely resisted and lead to a long drawn battle with militancy in the valley. With political support from Pakistan and Taliban coming closer to power in Afghanistan, prospect of peace in Kashmir seems far off from horizon.
---
*Melbourne-based researcher. A version of article was published in “Asia Times”

Comments

TRENDING

The silencing of conscience: Ideological attacks on India’s judiciary and free thought

By Sunil Kumar*  “Volunteers will pick up sticks to remove every obstacle that comes in the way of Sanatan and saints’ work.” — RSS Chief Mohan Bhagwat (November 6, 2024, Chitrakoot) Eleven months later, on October 6, 2025, a man who threw a shoe inside the Supreme Court shouted, “India will not tolerate insults to Sanatan.” This incident was not an isolated act but a continuation of a pattern seen over the past decade—attacks on intellectuals, writers, activists, and journalists, sometimes in the name of institutions, sometimes by individual actors or organizations.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Citizens’ group to recall Justice Chagla’s alarm as India faces ‘undeclared' Emergency

By A Representative  In a move likely to raise eyebrows among the powers-that-be, a voluntary organisation founded during the “dark days” of the Indira Gandhi -imposed Emergency has announced that it will hold a public conference in Ahmedabad to highlight what its office-bearers call today’s “undeclared Emergency.”

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

World Bank arm accused of hiding crucial report on Gujarat’s Tata Mundra power project

By A Representative   The Centre for Financial Accountability (CFA) has accused the Compliance Advisor Ombudsman (CAO), the accountability arm of the International Finance Corporation (IFC), of concealing crucial evidence related to the Tata Mundra coal power project in Gujarat during the period when the case was being heard in U.S. courts. In a press statement released on October 10, 2025, CFA said that the CAO’s final monitoring report, which was completed in 2019 but released only in September 2025, revealed that IFC had failed to take remedial action for years, even as environmental and livelihood harms to local communities worsened.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...