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Researched & Compiled by Published by

Altaf Hussain Wani Kashmir Institute of

Parvez Ahmed Shah International Relations, Islamabad





The Indian occupied Kashmir is bearing the brunt of multiple assaults – on its nature, character and
identity. The latest coming on top of other attacks, is the one on Article 35A, which is a provision in the
Indian Constitution that grants the legislature to define state subjects, among other things. Supreme
Court of India has admitted a writ petition against the Article 35A filed by a BJP / RSS proxy NGO. This
is alarming, abrogation of Article 35 A flows from the very nature of the ruling dispensation in India- the
far right, Hindu nationalist party, the BJP and its allied sister organizations , the RSS and the VHP. These
forces’ ideological tour de force is Hindutva or political Hinduism which not only subverts the previous
“Idea of India” but seeks to replace it with a majoritarian, political Hinduism. Kashmir and assimilating it
into the broader Indian Union is central to this. It was a given that when the BJP attained and occupied the
highest pedestals of power in India , that it along with its proxies would seek to demolish the structures
that accorded a special status to Jammu and Kashmir- especially the issue of property rights which
ultimately will lead to demographic change in occupied territory.

Ahmar Bilal Sofi, President International Law society puts it like this, ‘’After failing to curb the peoples
resistance against its illegal occupation through military repression and military war-fare, Indian has
launched a Law-fare, real agenda appears to be assimilationist where Jammu and Kashmir is sought to
be “fully integrated” with the Indian

Article 49 of Geneva Convention (1949) states
that “individual or mass forcible transfers, as
well as deportations of protected persons
from occupied territory to the territory of
the occupying power or to that of any other
country, occupied or not, are prohibited,
regardless of their motive.”

The state of Jammu and Kashmir is an

internationally recognized dispute between
India and Pakistan falls under Geneva
Convention and Hague Regulations of 1907,
which clearly restrains the occupying states and Kashmir according to the will of the
from altering the demographic character people to be expressed in a free and fair
of occupied area. Article 42 of 1907 Hague plebiscite conducted under the auspices of
Regulations states, “Territory is considered United Nations. In spite of these agreements
occupied when it is actually placed under the and resolutions, India obviated the lawful
authority of hostile army”. disposition of the State of Jammu and
Kashmir and occupied it by sheer use of force,
Jammu and Kashmir being UN recognized which it continues till date with widespread
disputed territory between India and violation of human rights.
Pakistan thus, neither India nor Pakistan has
any right under international laws to change The illegal occupation of Jammu Kashmir
the demographic character of any part of at the time of partition against wishes of
undivided J&K. the people and in violation of the partition
plan made India realize that it had occupied
United Nations resolutions on Jammu and the land but couldn’t occupy the hearts and
Kashmir call for the free and fair plebiscite, minds of the people. People’s revolt against
so that people of Jammu and Kashmir illegal occupation made India apprehend
can decide their political future. United to take some measures which can convert
Nations resolutions of 13th August 1948 majority Muslim state of Jammu Kashmir
and 5th January 1949 provides basis and it to a minority so that in future they can
structure for final disposition of Jammu get desired results if the right to self-
determination is granted to the people. Since
1947, India turned every stone to subjugate
the people and bring them into submission
but people of occupied resisted tooth and
nail for the liberation of their homeland.
Failing in breaking the will of the people, the
Indian state with its intelligence agencies
designed the plan of demographic change
and made numerous attempts to transform
Kashmiris into the minority by converting
Jammu and Kashmir into Hindu majority
state in contravention to Geneva Convention
to which India is a signatory.
“Jammu Massacre 06 November, 1947
and mass migration to Pakistan”

INDIAN DESIGNS The government of India and state
government of Indian Occupied Kashmir,
Indian desire to change the demography which is a coalition of PDP and BJP made
of the Indian occupied Kashmir has been certain decisions and also initiated some
operational since its occupation of the steps to archive its nefarious designs which
Jammu and Kashmir. It started with the include:
physical elimination of Muslim population in
Jammu in 1947 followed by Indian military 1. Manipulation of Census reports
oppression in Kashmir valley killing and
targeting Muslim youth and manipulation 2. Attempt to abrogate Article 370 of Indian
of census figures and other coercive Constitution which provides special
measures. Failing to regard and respect its status to Jammu Kashmir (already
obligations under United Nations resolutions, eroded)
Government of India started tempering with
the constitution and other legal matters to 3. To abrogate article 35/A of Constitution
integrate occupied territory with the Indian of Jammu Kashmir.
Union against the will of the people. At some
occasions, Indian government was forced to 4. Implementation of Securitization and
retreat under public pressure. Government of Reconstruction of Financial Assets
India led by right wing extremist Mr. Narender
and Enforcement of Security Interest
(SARFAESI) Act-2002,

5. Implementations of Goods and Services

Tax (GST)

6. To create separate town ships for the

Kashmir Pandits in Kashmir Valley

7. To give state subject status to west –

Pakistan refugees
Indian army Invades Kashmir on 27th of Oct, 1947
8. To settle ex Indian army personal by
Modi is fast on track to implement the BJP- creating Sainik Colonies.
RSS agenda to turn the Muslim majority of
the territory into minority and to erode the 9. To build shelters for the homeless non-
disputed nature of Jammu and Kashmir and state subjects in Indian occupied Kashmir
its integration with mainland India.
10. To allot land to Indian Industrialists
Muslims sense of insecurity becomes
outside Industrial areas under a lease
acute when demands about the coercive
demographic transformation of the state agreement for 99 years to give control of
are made by BJP (Bharatiya Janata Party) economy of State in the hands of non-
and RSS (Rashtriya Swaym sevak Sangh). State subject Hindu fundamentals.
RSS chief made a specific demand for
demographic transformation of J&K on 11. Efforts to pass a bill under which any
January, 27th at Bhubaneswar. ORAGNISER, institution showing J&K as not part
official magazine of RSS also pleads for of India will be punished which is the
demographic transformation and perceives it violation of UN Resolutions.
to be the only solution to Kashmir problem.

Before Indian occupation percentage of the

Muslim population of Jammu and Kashmir
was 87% which came down to 72% in 1952
Census. Successive census reports show the
decline in Muslim population percentage in
Indian occupied Kashmir. The latest census it
is shown as 67%. Had this population grown
in the similar way as the Muslim population
grew in elsewhere in the world and in India,
Muslim demography of Indian occupied
Kashmir should have shown positive trends
all along. The current Indian leadership
pleads for demographic transformation
and perceives it to be the only solution to
Kashmir problem. One doesn’t need to go for
a research to understand the manipulations
made by census department in the context
of the J&K population. In 1971, J&K had only SPECIAL STATUS TO JAMMU KASHMIR
42000 people whose mother tongue was (ALREADY ERODED)
Hindi. 1981 census inflates this figure to
1012808. On face of it one can attribute this Indian successive governments overtly and
2200% increase in the population of Hindi covertly infringed Article 370 of the Indian
speakers to popularity of Hindi. But once one constitution which gives special status to
analyzes the figures provided by the census, Jammu Kashmir but now this infringement has
some different conclusions get reflected. reach to its lowest low, when Hindu extremist
The decadal increase of Hindi speaking government of BJP made open claims of
population should have been associated with abrogating article 370 from the constitution
the reciprocal decline in the number of those to abolish Kashmir’s autonomous status.
who speak Kashmiri and Dogri- two prime Amendment or abrogation of article 370
languages of the state. Decadal growth of remained a part of Indian Prime Minister’s
Kashmiri speakers is 30% and that of Dogri political agendas.
speakers 27%.

It is important to put it on record that during for the disputed state. If BJP succeeds in
the constitution making of Indian, and having revoking this article, the state subject law
regard to the indefinite and uncertain position would cease to exist in the state and the
of the state in the matter of accession, protection given to the people under different
coupled with ground realties and Resolutions political agreements would be abolished
of United Nations, special provision was and Jammu Kashmir would be targeted for
incorporated in the constitution of India settlement of non-Kashmiris.
under article 370. The founding fathers
of the constitution, in view of the peculiar To achieve its objective of converting Muslim
position of the state accepted the position majority state into Hindu majority state, it
that the constitution which was being made has passed and implemented number of
cannot be made applicable to the state of legislations in Jammu and Kashmir and
Jammu and Kashmir. But a mechanism can has initiated proxy judicial activism through
be provided to enable the government of the affiliated NGOs.
state to run its affairs till the issues are finally
decided and settled. Therefore, none of the COLLECTION OF STATISTICAL ACT 2017
provisions of the constitution of Indian dealt Recently, BJP in the Centre has proposed to
with the state of Jammu and Kashmir, except introduce a bill in the Indian Parliament to
370. extend the jurisdiction of the collection of
Statisticas Act 2008 to IOK. The proposal has
TO ABROGATE ARTICLE 35/A OF been approved by the PM Narendra Modi in
CONSTITUTION OF JAMMU KASHMIR. Union Cabinet last week. If BJP is successful
That after the entire constitution of India in extending the Jurisdiction of this Act to
was made applicable to all the territories IOK, the center will be able to manipulate
comprised in Union of India, the president with satistics of IOK which also includes its
of India exercising his powers under article demography. With this, the BJP led center
370 passed the 1st constitutional Application government will achieve two objectives, one
order i.e. The constitution (Application to breakthrough in diluting the special status of
Jammu and Kashmir) order, 1950. It was IOK and secondly, control over all statistics
followed by the constitution (Application to of IOK.
Jammu Kashmir) order1954. It is under this IMPLEMENTATION OF SECURITIZATION AND
order that Article 35-A was incorporated in RECONSTRUCTION OF FINANCIAL ASSETS
the Application order for the state. The bare AND ENFORCEMENT OF SECURITY INTEREST
perusal of the constitution of India would show (SARFAESI) ACT-2002,
that the constitutional Application orders
The surreptitious implementation of
deal with the, making provisions for the return
Securitization and Reconstruction of Financial
of the permanent residents of the state who
Assets and Enforcement of Security Interest
migrated to the territories including Pakistan
(SARFAESI) Act-2002, which allows banks to
under permit for settlement and provide
auction mortgaged properties of defaulters to
constitutional protection to the law relating
anyone, is an “attempt to weaken Article 370.
to permanent residents of the state, their
In theory this law is meant to aid the recovery
special rights and privileges, employment
of debts but in practical is a back-door
under the government, acquisition of
acquisition of property by non-Kashmiris in
immovable property, settlement in the state,
Jammu and Kashmir which will open a flood
gate for the settlement of non-Kashmiris in
The BJP government and its cronies are the Indian occupied Kashmir. Work has been
bent upon to revoke Article 35/A which will started on the implementation of SARFAESI
bring end to the state subject law in Jammu act and banks have issued notices to bank
Kashmir and will have serious repercussions defaulters.
IMPLEMENTATIONS OF GOODS AND by Indian authorities is clear contravention of
SERVICES TAX (GST) the state’s special position and is an attempt
to integrate the state further into the Indian
The application of Goods and services Tax Union.
(GST) in Jammu Kashmir by BJP government
is another violation of “Spirit of Autonomy” TO GIVE STATE SUBJECT STATUS TO WEST
enjoyed by the state by virtue of Article 370 –PAKISTAN REFUGEES
of the constitution. Jammu Kashmir enjoyed
special Powers of levying, collecting, and Grant of state subject to the West Pakistan
implementing taxes by its own agencies refugees in Indian occupied Jammu Kashmir
or department and by applying GST these is yet another attempt to change the
powers have been and now it would be demography of state. Some 6000 thousand
prerogative of Indian occupation government Hindu families at the time of partition chose
to deal the tax matters. The application of GST, to cross through the borders of Jammu and
Kashmir. These Hindu migrants were settled
in the districts of Samba and Kathua keeping
in mind to change the demography of these
areas. These migrants have already occupied
the properties of Muslims who were forced
to migrate to other side of the ceasefire
line in Azad Kashmir. Successive Indian
governments tried to grant them citizenship
rights by violating state subject laws but
failed to do so because of the resistance from
local population.

Article 35A clearly enabled the Jammu &

Kashmir Assembly to deny citizenship rights
to the refugees from West Pakistan and all The creation of separate homeland for
other Indians, barring Permanent Residents migrant pundits is another plan of BJP
of the State. Armed with absolute power, the government to change the demography of
Jammu & Kashmir Constituent Assembly the Indian occupied Jammu and Kashmir.
adopted Section 6 which said no persons who Under the cover of separate townships in
had crossed over to the state after May 1944 different parts of Jammu and Kashmir, India
will be considered eligible for citizenship intends to create religious disharmony, and
rights. damage the unity, social ethos, and above
all composite culture to prolong its illegal
In Bachan Lal v/s State of Jammu and occupation. Another dishonest objective
Kashmir and other AIR 1987 SC 1169, the behind these separate colonies is to settle
petitioner representing West Pakistan non-resident Kashmiris which will be the
Refugee claimed some rights as are available beginning of huge plan of making Kashmir
to the permanent residents of the state. The another Palestine.
Honorable Supreme court of India noticed
that since the petitioners were not permanent TO SETTLE EX INDIAN ARMY PERSONAL BY
residents of the state and that several laws CREATING SAINIK COLONIES.
which deprive the petitioner of the benefits
in the matters of employment or acquisition Creation of Sainik Colonies is another attempt
of property or settlement or scholarship by the government of India is to settle ex-
were protected by Article 35A including by army personal in Indian Occupied Kashmir.
the President of India in the Constitution State government has been asked to identify
Application order. The court observed that in land for these colonies. In April 2016 process
view of the peculiar position obtained in the for land identification was started and in
state of Jammu and Kashmir no relief could this regard Governor wrote the following
be granted to them and it was entirely for the letter to Deputy Commissioner Srinagar and
Legislature of State of Jammu and Kashmir Jammu for allotment of the identified land.
to amend its laws. The right wing Hindu A senior leader of BJP recently stated “settle
regime wants to abrogate this article to pave 10 thousand ex-army personals in Indian
the ways for the settlement of non-state Occupied Kashmir give them arms and end
subjects in Indian occupied Kashmir. the strife, and should be tasked to retrieve the
properties of migrant pundits this is the only
TO CREATE SEPARATE TOWN SHIPS FOR THE way to settle Kashmir issue. 173 Kanals (21.6
KASHMIR PANDITS IN KASHMIR VALLEY acres) of land at the old Air Field, District
Budgam was identified and construction of
Sainik Colony is underway. Similarly 44 acres
of land was identified in Jammu.

Apartment buildings be part of the Sainik

Colony at Old Airfield

Indian army is in legal and illegal possession TO ALLOT LAND TO INDIAN INDUSTRIALISTS
of 10,00,000 Kanals (125000 acres) land, all OUTSIDE INDUSTRIAL AREAS UNDER A
of which is behind the iron curtains and there LEASE AGREEMENT FOR 99 YEARS TO GIVE
is obviously no information available with the CONTROL OF ECONOMY OF STATE IN THE
civil administration. HANDS OF NON-STATE SUBJECT HINDU

Another act to grab the land is new Industrial

policy adopted by government of India in
Indian occupied Kashmir. According to the
new policy, “non-state subjects”, including
Indian nationals who could not otherwise
legally own land in Kashmir, can -- with the
approval of the Jammu Kashmir government
TO BUILD SHELTERS FOR THE HOMELESS -- lease land for industrial or information-
NON-STATE SUBJECTS IN INDIAN OCCUPIED technology parks for periods of up to 90
KASHMIR years outside already established industrial
estates. The policy was initially approved in
Government of India under its Nations
March when Jammu Kashmir was without an
Urban livelihood Mission is planning to build
elected government and under the temporary
shelters for homeless Indians in Jammu and
authority of NN Vohra, a New Delhi-appointed
Kashmir. These homeless are the non-state
regional governor. One of the last remaining
subjects. In Kashmir every Kashmir has a
vestiges of its earlier independence is a law
home and there is no homeless state subject
prohibiting non-Kashmiris from owning
on the either side of the ceasefire line. In the
land or property in the region. Otherwise
name of humanity, India actually wants to
all political autonomy enjoyed by the state
grab the land and change the demography by
has already been eroded. This move is also
settling non Kashmiri state subjects. Already
seen to settle non Kashmiris in the region to
thousands of such people are living in Indian
change the demography of the state.
occupied Kashmir without any proper record
and reason .Political leaders and civil society
believe that in the grab of humanity Kashmir
special status is being diluted.

“The land grab is justified in myriad forms: in the name of bringing
employment and welfare under the broad rubric of “development”,
‘national’ security, land for military’s living, recreation, training,
rehabilitation of displaced people, relief for pilgrims etc.
So in Kashmir, despite constitutionally guaranteed
“state subject hood”, land grab remains the
state’s policy. Land Occupation could
not erase the desire for Azadi”

Gautam Navlakha
People’s Union for Democratic Rights, Delhi

137/A, Street 37, F-10/1, Islamabad - Pakistan.

Phone:051-831 3723-4 Fax:051-835 6310
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