The Constitutional and Colonial Implications of August 5 in Kashmir

From Autonomy to Annexation:

The Constitutional and Colonial Implications of August 5 in Kashmir

BY: FAIQA KHALID


On 5 August 2019, the Government of India led by the BJP unilaterally revoked Articles 370 and 35A. These provisions had long insulated Jammu & Kashmir with internal autonomy, reserved its own constitution, and permitted local legislature to define “permanent residents,” restricting land ownership and public benefits accordingly.


Suddenly, Kashmir was stripped of its special constitutional status and bifurcated into two centrally administered Union Territories—Jammu & Kashmir and Ladakh—brought under the direct control of New Delhi. What the Indian government described as an effort toward “national integration and development” was, in reality, a narrative constructed to justify the illegal revocation. Locally and internationally, it was widely perceived as a strategic constitutional coup aimed at erasing Kashmir’s political identity and paving the way for demographic engineering.


Within few months, new domicile rules were introduced in May 2020, completely shifting the criteria for residency eligibility that was based on the 15 years of residence or 7 years of study in IOJK now entitled individuals to full domicile status. The result: between 2022 and April 2025, over 3.51 million domicile certificates were issued, and among them 83,742 went to individuals who had previously been banned under the “state subject” criteria which was nearly 2.4% of all certificates in just two years. Independent investigation confirms that the totals and highlights claims by Pakistani authorities that 3.4 million “fake” certificates have been distributed to non‑Kashmiris, constituting considered efforts to change the region’s character


Criticisers including Kashmir’s opposition parties also warn that such a scale of inclusion of outsiders, who can now compete for jobs, property and political influence, constitutes engineered demographic change. One PDP legislator warned that the 83,742 outsiders equate to one electoral constituency and could profoundly reshape future voting patterns.


Soon after domicile rules, new regulations in October 2020 opened agricultural and urban land ownership to non‑residents and new settlers. Critics liken the strategy to Israel’s settler practices in occupied territories—where legal instruments are used to facilitate migration and land acquisition while marginalizing native populations. In Kashmir, mining and resource contracts have overwhelmingly gone to outsiders: one report estimated up to 70% of mineral tenders awarded to non‑locals, leaving Kashmiri contractors sidelined.


The abrogation was convoyed by one of the world’s longest internet shutdowns, communications were slashed off almost entirely for 213 days and alongside mass arrests under the Public Safety Act and UAPA. Human Rights Watch, Amnesty International and UN experts documented hundreds of arrests, including political leaders, human rights defenders, journalists, and even children all often detained without charge or legal route.


Press freedom has been under siege. Journalists face summons, raids, passport seizures and travel bans. Some international correspondents were told to surrender passports or face legal action. Reporting on Kashmir is effectively criminalized unless it praises the government. Human rights activists, including Khurram Parvez, have been jailed under anti‑terror legislation for documenting disappearances and alleged atrocities.


Contrary to official account, independent analysis shows real economic decline. According to the Forum for Human Rights in Jammu and Kashmir (TFHRJK), growth in Net State Domestic Product (NSDP) fell from 13.3% before abrogation to 8.7% afterwards; youth unemployment reached 18.3%, well above the Indian average.


Estimates dwelling economic losses at over USD 3.5 billion, and around 500,000 Kashmiris purportedly lost jobs post‑2019. Local trade bodies reported losses in crores of rupees. Competitive disadvantage emerged as tax cuts on imports (e.g. Washington apples, Iranian saffron) destroyed domestic producers. Infrastructure spending fails to offset rising exclusion of Keshmiris from public jobs and opportunities.


More than 700,000 troops remain deployed, including paramilitaries and central forces. The Supreme Court, in December 2023, supported the abrogation but also ordered restoration of statehood and elections by September 2024 that orders that remain unfulfilled as of mid‑2025, suggesting continued democratic suspension.



Meanwhile, restriction reforms have redrawn assembly seats to favour Hindu-majority districts, amplifying the BJP’s electoral potential—interpreted by many as part of a political consolidation plan masked as normal governance. Prime Minister Modi began touring the region again in 2024 under heavy security, drumming popular support while the promise of elections and inclusive governance remained resolved.


Human rights activist and groups including Amnesty and HRW also warn that India’s actions may fuel conflict rather than peace, undermining rights and breeding alienation. Scholars and UN experts have repeatedly highlighted violations of international norms: from extrajudicial killings and enforced disappearances to entrenchment under AFSPA (Armed Forces Special Powers Act), which bars meaningful redress or prosecution of security personnel.


Pakistan has responded forcefully: downgrading diplomatic ties, suspending bilateral initiatives, and declaring 5 August as Youm‑e‑Istehsal as national day of solidarity with Kashmiris and protest against what it calls India’s exploitive colonisation of the region. Pakistani officials have accused New Delhi of reflecting Israeli tactics and violating the 4th Geneva Convention and UN resolutions by altering Kashmir’s demography illegally.


For Kashmiris, 5 August remains a yearly Black Day a traumatic split in their political identity and civic rights. The abrogation of Articles 370 and 35A stripped away constitutional protections, permitted outsider invasion through new domicile and land laws, and turned the region into a legal and military frontier. Economic promises of development have largely failed local communities; instead, unemployment has surged, traditional industries decimated, and Kashmiri autonomy eroded through political and demographic redesign.


Human rights abuses persist enforced disappearances, arbitrary detentions, censorship, and violent suppression of dissent remain common. India continues to resist genuine elections and restore statehood authentically, while majoritarian political engineering advances quietly through law and bureaucracy.


As international awareness grows, Pakistan and much of the global Kashmiri diaspora continues to demand:

1.      Full restoration of Article 370 and Article 35A in unaltered form

2.      Immediate fair elections and reinstatement of democratic institutions

3.      A halt to domicile and land transfer rules that alter demographics

4.      Repeal of draconian security legislation such as UAPA, PSA and AFSPA

5.      Accountability for human rights violations and access to international observers

The world must not allow Kashmir to become another removed political identity beneath nationalist sanctions. Demography should not be destiny. The fate of Kashmiri Muslims, political pluralism, and constitutional justice depends on a coherent international response and resolute assertion of self‑determination.


The writer is a student of International Relations at International Islamic University, Islamabad and is currently serving as an intern at Kashmir Institute of International Relations.

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