Article 370: India strips disputed Kashmir of special status (2024)

  • Published

Article 370: India strips disputed Kashmir of special status (1)Image source, AFP

India's government has revoked part of the constitution that gives Indian-administered Kashmir special status, prompting fears of unrest.

Article 370 is sensitive because it guarantees significant autonomy for the Muslim-majority state.

The measure was accompanied by a telecoms and media blackout which began on Sunday evening.

There is a long-running insurgency on the Indian side. India and Pakistan fought several conflicts over Kashmir.

For many Kashmiris, Article 370 was the main justification for being a part of India and by revoking it, the BJP has irrevocably changed Delhi's relationship with the region, the BBC's Geeta Pandey reports from Delhi.

Meanwhile India's parliament is expected to pass a bill splitting Indian-administered Kashmir into two territories governed directly by Delhi.

Pakistan condemned India's decision to revoke the special status of its part of Kashmir as illegal, saying it would "exercise all possible options" to counter it.

"India is playing a dangerous game which will have serious consequences for regional peace and stability," said Foreign Minister Shah Mehmood Qureshi.

But an Indian government source said there was no external implication as the Line of Control, the de facto border, and boundaries of Kashmir had not been altered.

Why are there tensions over Kashmir?

During the partition of the Indian subcontinent in 1947, some expected Jammu and Kashmir, like other Muslim-majority regions, to go to Pakistan.

But the ruler of the princely state, who had initially wanted Jammu and Kashmir to become independent, joined India in return for help against an invasion of tribesmen from Pakistan.

War broke out between India and Pakistan, and Kashmir effectively became partitioned.

The region, which remains one of the most militarised zones in the world, has been a flashpoint between India and Pakistan for more than six decades.

Atmosphere of fear

By Aamir Peerzada, BBC News, Srinagar

By the time we woke up this morning, the internet was gone and we now have no mobile connectivity.

If people step out of their homes, they see paramilitary forces on every street. Almost every major road is shut - we are hearing that more troops are being deployed.

No-one knows what is happening in other parts of the state - we can't talk to anyone else.

People are concerned - they don't know what is happening, they don't know what is going to happen.

It's an atmosphere of fear. People are scared to come out, they have stockpiled food for months.

Kashmiris have always been willing to defend the state's special status. It looks like a long road ahead, and no-one knows what's next.

What is Article 370?

In 1949, a special provision was added to India's constitution providing autonomy to Jammu and Kashmir.

Article 370 allows the state to have its own constitution, a separate flag and independence over all matters except foreign affairs, defence and communications.

Another provision later added under Article 370 - 35A - gives special privileges to permanent residents, including state government jobs and the exclusive right to own property in the state.

It is seen as protecting the state's distinct demographic character as the only Muslim-majority state in India.

So why is India's move controversial?

The move by the Hindu nationalist BJP government prompted outrage in parliament, and some legal experts have called it an attack on the constitution.

Critics fear the move is designed to change the demographic make-up of India-administered Kashmir - by giving people from the rest of the country to right to acquire property and settle there permanently.

The state's former chief minister, Mehbooba Mufti, told the BBC she felt there was a "sinister design" to the decision.

"They just want to occupy our land and want to make this Muslim-majority state like any other state and reduce us to a minority and disempower us totally."

Why is the government doing this?

The ruling BJP made revoking Article 370 part of the party's 2019 election manifesto - and it won a landslide victory earlier this year.

It has argued that Article 370 has prevented the region's development and its integration with India.

Image source, Reuters

An Indian government source told journalists the region's special status had discouraged outside investment and affected its economy, while terrorism and smuggling were rife.

"A set of anachronistic provisions were not allowing the progress of Kashmir," the source said. "The huge sum of money and resources which were going into the state were not being optimised."

How did the government make the change?

India's government announced a presidential order revoking all of Article 370 apart from one clause which says that the state is an integral part of India.

The order was met by massive protests from the opposition - but has now been signed into law by President Ram Nath Kovind.

Prior to the announcement, a telecoms and media blackout began on Sunday evening in the region. The government explained the move as being aimed at pre-empting any violence that the announcement might trigger.

Officials said the restrictions would not be in place for long.

Image source, Reuters

Parliament is also expected to approve a measure dividing the state into two regions ruled by the central government.

One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet.

What has been happening in Kashmir?

Indian-administered Kashmir is in a state of lockdown.

Curfew-like conditions have been imposed, and orders preventing the assembly of more than four people have been introduced.

Tens of thousands of Indian troops were deployed to the region ahead of Monday's announcement and tourists were told to leave under warnings of a terror threat.

In the hours before Monday's announcement, two of the state's former chief ministers - Omar Abdullah and Mehbooba Mufti - were placed under house arrest.

More on this story

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  • Why India and Pakistan fight over Kashmir

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      8 August 2019

  • Why a special law on Kashmir is controversial

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      5 August 2019

  • The funerals driving youth to militancy

    • Published

      14 May 2018

  • The forgotten victims of the world's highest war

    • Published

      26 July 2019

  • 'Modi's Kashmir move will fuel resentment'

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      5 August 2019

Article 370: India strips disputed Kashmir of special status (2024)

FAQs

Why did India revoke the special status of Kashmir? ›

Government officials described these restrictions as designed for preempting violence, and justified the revocation for enabling people of the state to access government programmes such as reservation, right to education and right to information.

Is removing article 370 good for India? ›

Empowerment of people, removal of unjust Laws, bringing in equity and fairness to those discriminated since ages who are now getting their due along with comprehensive development are few of the important changes that are ushering both the new Union Territories towards the path of peace and progress.

What has changed in Kashmir after removal of Article 370? ›

The August 5, 2019 momentous decision also marked a drastic decline in terror activities and nepotism in the Valley. Considerable decline in both recruitment of locals into militancy and killing of terrorists in 2023 compared to previous years is another outcome of the abrogation of Article 370.

Which article of the Indian constitution provides special status to the state of Jammu and Kashmir? ›

On January 26, 1950, when India became a Republic, Article 370 of the Constitution of India conferred a special status on the State of Jammu and Kashmir. The Regent, as Head of the State, issued a Proclamation on May 1, 1951 directing formation of a Constituent Assembly of elected members.

What is meant by special status of Kashmir? ›

Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state's permanent residents.

Is Kashmir still part of India? ›

Current status and political divisions. India has control of about half the area of the former princely state of Jammu and Kashmir, which comprises Jammu and Kashmir and Ladakh, while Pakistan controls a third of the region, divided into two provinces, Azad Kashmir and Gilgit-Baltistan.

Is Kashmir India or Pakistan? ›

India controls approximately 55% of the land area of the region that includes Jammu, the Kashmir Valley, most of Ladakh, the Siachen Glacier, and 70% of its population; Pakistan controls approximately 30% of the land area that includes Azad Kashmir and Gilgit-Baltistan; and China controls the remaining 15% of the land ...

Is it safe to visit Kashmir now? ›

Nothing to worry about if you keep the basic travel security in your mind. Kashmir is safe for tourists mostly. Just avoid talking political, religiously and army forces issues. Yes avoid some particular area of towns like downtown in srinagar, deep areas of Pulwama and Anantnag .

How did Kashmir become part of India? ›

The Jammu and Kashmir Instrument of Accession is a legal document executed by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947.

What are the benefits of Article 370 to Jammu and Kashmir? ›

Article 370 of the Indian constitution confers unique status for the state of Jammu and Kashmir. It gives the state a high level of autonomy, allowing it to have its own Constitution and national flag.

What is the verdict of J&K 370? ›

The Court held that applying all the provisions of the Constitution of India to J&K under 370(1)(d) had the “same effect” as declaring that Article 370 ceases to exist using the power under 370(3).

What is the best time to visit Kashmir? ›

The best time to visit in Jammu and Kashmir is from April to October. During this time, the weather is pleasant, and the valley is blooming with a variety of flowers. Summer is the peak tourist season in this state, and the temperature is mild and pleasant. July and August are the months for the annual Amarnath Yatra.

Is Article 370 characters real? ›

Factual accuracy and political messaging

Indian PM Narendra Modi had endorsed the movie and claimed it to be a source of "correct information", however, producer Aditya Dhar clarified that the movie is not a factual account but a work of fiction inspired by the actual events.

Was Kashmir part of British India? ›

Jammu and Kashmir, also known as Kashmir and Jammu, was a princely state in a subsidiary alliance with the British East India Company from 1846 to 1858 and under the paramountcy (or tutelage) of the British Crown, from 1858 until the Partition of India in 1947, when it became a disputed territory, now administered by ...

Does Jammu and Kashmir has its own Constitution now? ›

It was rendered infructuous on 5 August 2019 by an order signed by the President of India and ceased to be applicable on that date. It also included Ladakh. The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution.

When did India lose Kashmir? ›

Indo-Pakistani war of 1947–1948
DateOctober 1947 – 1 January 1949 (1 year and 10 weeks)
LocationJammu and Kashmir
ResultSee Aftermath section
Territorial changesOne-third of Jammu and Kashmir controlled by Pakistan. Indian control over remainder.

Did India's Supreme Court uphold decision to end special status for Kashmir? ›

India's supreme court upholds decision to strip Kashmir of special status. India's supreme court has ruled that the government acted lawfully when it revoked the autonomy of the state of Jammu and Kashmir and brought it directly under control of the centre.

When did India took the issue of Kashmir to General Assembly? ›

During the war, it was India which first took the Kashmir dispute to the United Nations on 1 January 1948. The following year, on 1 January 1949, the UN helped enforce ceasefire between the two countries.

When did India repeal the Kashmir Status Act MCQ? ›

Detailed Solution. The correct answer is 5 Aug 2019. On the 5th of August 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019. Hence, Option 1 is correct.

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