Authoritarianism of Illegitimate;Exploitation in the shadow of integration

Authoritarianism of Illegitimate;Exploitation in the shadow of integration

By Muhammad Hassan Ali

On August 5, 2019, the Indian government unilaterally abrogated Articles 35A and 370 of its constitution, which had historically underpinned the autonomous status of Jammu and Kashmir. This constitutional maneuver by New Delhi replaced legal autonomy with administrative control, substituting symbolic inclusion with structural exclusion. This event, often justified in Indian discourse as an effort to "integrate" the region and promote "development," is, in fact, a foundational step in a settler colonial agenda driven by Hindutva nationalism.

Demographic Engineering Through Legislation

Article 35A, enacted in 1954, prohibited non-residents from owning property or receiving governmental benefits in Jammu and Kashmir. Its abrogation has paved the way for legal demographic changes.According to the data released by the Government of Jammu and Kashmir in July 2022, over 3.4 million additional domicile certificates had been issued to non-Kashmiris, accounting for approximately 30% of the region's population prior to 2019.

In October 2020, modifications to land regulations were enacted, permitting non-residents to acquire agricultural and urban land that was previously designated exclusively for native inhabitants. This legislative action aligns with patterns observed in other settler-colonial contexts globally, where the indigenous population is marginalized through legal mechanisms of property redistribution.

BJP's Proto-Fascist Trajectory

The ideological impetus behind this transition is the Bharatiya Janata Party's endorsement of Hindutva, an exclusive worldview defined by the Rashtriya Swayamsevak Sangh (RSS). The BJP has consistently relied on V.D. Savarkar's Hindu Rashtra ideal, which eschews India's pluralistic constitutional traditions in favor of majoritarian ethno-religious nationalism. It is evident that Kashmir has become the frontline of this ideological reengineering.

More than 700,000 Indian troops are currently stationed in the region, rendering it one of the world's most militarized areas—not for foreign threats, but to police the local populace.

Human Rights Repression Post-Abrogation

Empirical evidence from international human rights organizations substantiates this perspective. In the aftermath of the abrogation, the Office of the UN High Commissioner for Human Rights (OHCHR) documented over 5,000 preventive detentions, including those involving juveniles.

A comprehensive communication blackout persisted for 213 days, marking the longest duration in any democratic context. There were widespread arbitrary arrests under stringent laws such as the Public Safety Act (PSA) and the Unlawful Activities Prevention Act (UAPA). Additionally, media freedom has been curtailed, with the Press Council of India and Reporters Without Borders reporting extensive harassment, summons, and detentions of local journalists, thereby undermining the fundamental principles of free expression.

A Consitutional Coup

Rather than representing a democratic realignment, the events of August 5 constitute a constitutional coup, effectively erasing the political identity of an entire region without consultation or consent. The development narrative propagated by the BJP is contradicted by the prevailing ground realities: unemployment remains elevated, investment is minimal, and parliamentary representation has been controlled. The abrogation was not primarily concerned with economic success; rather, it aimed to alter the political, cultural, and demographic landscape of a Muslim-majority territory to align with the ideological objectives of a Hindu Rashtra.

Conclusion

August 5 is a pivotal moment in India's transition towards a majoritarian state, rather than an integrationist event. The implications extend beyond Kashmir, signaling the Indian state's increasing authoritarian tendencies, which are rapidly eroding its democratic facade under the weight of its own ideology. Kashmir is no longer merely a political issue; it serves as an indicator of India's decline in constitutionalism and federalism.

If the global community remains indifferent, this model has the potential to proliferate not only across borders but also among democracies.

Muhammad Hassan Ali is an MPhil scholar of International Relations at Quaid-i-Azam University, with a special focus on global affairs and contemporary issues. Currently he is serving as an intern at Kashmir Institute of International Relations.

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