India's Supreme Court Hears Challenges on Kashmir Special Status Removal

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Facts

  • India’s Supreme Court has begun hearing challenges to a 2019 law that stripped the Muslim-majority Kashmir region of its semi-autonomy. This drove the region into two territories that are directly run by the central government.1
  • On Aug. 5, 2019, PM Narendra Modi’s Hindu nationalist government removed Article 370 of the constitution, which left the two territories — Ladakh and Jammu-Kashmir — without an independent legislature. The high court will now weigh the law's constitutionality.2
  • Challengers say the decision to demote the region from a state to a territory, as well as strip it of its own flag, criminal code, and constitution, is a violation of the spirit and the letter of the law and an 'assault' on Kashmiri 'identity.'3
  • The five-judge court will hear arguments on the removal of Article 370, which was a temporary provision of the constitution added after the Jammu and Kashmir constituent assembly dissolved in 1957. The hearings will continue Thursday and last on a day-to-day basis.4
  • Senior advocate Kapil Sibal told Chief Justice D.Y. Chandrachud that Article 370 was no longer a 'temporary provision' and that Parliament violated Article 354 of the constitution by establishing itself as the main legislative body of Jammu and Kashmir.5
  • Modi’s government also passed a law allowing Indian nationals living in the region for 15 years or studying in it for seven to become permanent residents. While supporters say the actions have bolstered economic development, Kashmiris say that Hindu replacement migration is fundamentally changing the region.2

Sources: 1Associated Press, 2Al Jazeera, 3Independent, 4Ndtv.com and 5The hindu.

Narratives

  • Narrative A, as provided by Pakistan observer. PM Modi and his Hindu nationalist government are abusing their power to target Muslims in Kashmir, violating their rights and spreading Islamophobia. Kashmir had operated with its semi-autonomous status for decades before Modi’s fascist government decided to illegally occupy and control the region. Kashmiris must be free to practice their religion and live how they wish without the Indian government illegally imposing its will on them.
  • Narrative B, as provided by Opindia. The abrogation of Article 370 wasn't just a legal decision; it has also been a major win for the Indian and Kashmiri economies. In the four years since the provision’s removal, Jammu and Kashmir have seen unprecedented economic development, peace, and prosperity. While some Muslim separatists advocate for violent separation, most can see that everyone has benefited from the government’s decision to do away with the temporary Article 370.

Predictions