SPECIAL STATUS REVOCATION OF J&K

The Forum for Human Rights in J&K (FHRJK) released its report a day ahead of Jammu and Kashmir (J&K) completing two years as Union Territory.
The report raised concerns about the militancy that continues to remain a major challenge in J&K.
FHRJK is an independent body co-chaired by former Supreme Court judge Justice Madan B. Lokur and former Kashmir interlocutor Radha Kumar.

Important points:

On 5 August 2019, the government of India revoked the special constitutional status of the erstwhile state of Jammu and Kashmir under Article 370 of the Constitution, and abrogated Article 35A.
Article 35A had allowed J&K to define who its ‘permanent residents’ are and what rights and privileges are attached to such residency.
The former state was bifurcated into the Union Territories of Ladakh (without a legislature) and Jammu-Kashmir (with a legislature).
Concurrently, the Indian government imposed a near-total telecommunications lockdown in the region, detained political leaders and dissidents, and enforced Section 144 of the Indian Penal Code to prevent violent unrest.

Findings:

The reports raised concerns regarding human rights abuses, arbitrary detentions, prohibition on assembly and censorship on local media houses in J&K.
The government has taken several positive steps, but they fell short of expectations.
It also held that the counter-insurgency concerns continue to be given priority over public, civilian and human security.

Reasons:

Since the special constitutional position of Jammu and Kashmir (J&K’s) under Article 370 was ended and it was divided into two UTs of J&K and Ladakh, a section of people in J&K has been protesting against the decision.
Further, allowing Indian citizens to buy land in Jammu and Kashmir (J&K) without being a domicile, has angered the local people.
Following this the militancy in the J&K, aided by cross-border support, continues to affect the region.
This is coupled with misuse of draconian legislation, such as the Public Safety Act (PSA) and the Unlawful Activities Prevention Act (UAPA).
Furthermore, there are growing fears that the Taliban takeover of Afghanistan is likely to further deteriorate the security conditions.

Way Forward

The Human rights forum recommended release of all remaining political detainees and repeal of the PSA and other preventive detention legislation.
It also called for involvement of local communities in facilitating the return of Kashmiri Pandits.
Peace framework in J&K can be established by implementing the vision of former Prime Minister of India (Atal Bihari Vajpayee) – Kashmiriyat, Insaniyat, Jamhooriyat (inclusive culture of Kashmir, humanitarianism and democracy) for Kashmir solution.

SOURCE: THE HINDU,THE ECONOMIC TIMES,MINT

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