The Human Cost of Abrogating Article 370

Sara Nazir

On August 5, 2019, India abrogated Article 370, which granted special status to Jammu and Kashmir, leading to its reorganization into two Union Territories and an extensive lockdown. This move resulted in severe human rights abuses, including mass detentions, communication blackouts, and economic disruptions, significantly impacting daily life and drawing international concern.

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On August 5, 2019, a dramatic shift occurred in the Indian Illegally Occupied Jammu and Kashmir (IIOJ&K) as the Indian Government, led by Prime Minister Narendra Modi, abrogated Article 370 of the Indian Constitution. This move dismantled the region’s special status, a change that has had profound and troubling impacts on the lives of millions in Kashmir.

Article 370, which had been part of the Indian Constitution since 1949, granted Jammu and Kashmir a unique degree of autonomy. It allowed the region to have its own laws and governance structures, while India retained control over defense, foreign affairs, and communications. This arrangement was initially set up through the Instrument of Accession, which allowed the princely state of Jammu and Kashmir to join India under specific conditions. The Indian government’s decision to abrogate Article 370 and reorganize the region into two Union Territories—Jammu & Kashmir and Ladakh—was framed as a step towards integration and development. However, the change has not only altered the political landscape but has also had a profound impact on the daily lives of people in the region.

Following the abrogation, the region was placed under an unprecedented lockdown. Streets that once buzzed with life fell eerily silent. Schools, businesses, and public institutions closed their doors. Communication lines were severed, leaving families cut off from their loved ones and access to critical services severely restricted. For months, internet and phone services were largely disabled, making it difficult for people to stay connected or even seek help during emergencies.

Amid this disruption, reports emerged of widespread detentions. Political leaders, activists, and ordinary citizens were rounded up, with thousands held without charge. Families were left anxiously awaiting news of their loved ones. Human rights organizations reported that many of those detained faced harsh conditions, and their basic rights were ignored.

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The situation in IIOJ&K has drawn significant international concern. Human rights organizations like Amnesty International and Human Rights Watch have documented distressing accounts of abuse. They have highlighted cases of excessive force used by security personnel, as well as arbitrary arrests that have led to a climate of fear. The lockdown has not only stifled dissent but also affected daily life in devastating ways. Hospitals struggled to manage with limited resources, and patients faced severe delays in receiving care. Educational institutions, already under strain, found it nearly impossible to function, affecting countless students. The economic impact has been profound, with businesses struggling to survive and families facing financial uncertainty.

The future of Jammu and Kashmir remains uncertain. While the Indian Government argues that the abrogation of Article 370 is a step towards development and integration, the immediate human costs have been severe. The international community continues to call for an end to the lockdown, the restoration of communication lines, and a transparent investigation into human rights abuses.

For real progress, it is crucial that the Indian Government addresses these concerns and works towards rebuilding trust with the people of Jammu and Kashmir. This includes not only lifting restrictions but also engaging in dialogue with local leaders and international observers to ensure that the rights and well-being of the Kashmiri people are safeguarded. In fact, the abrogation of Article 370 has had a profound and often painful impact on the lives of those in Jammu and Kashmir. The human stories emerging from the region paint a picture of struggle and resilience in the face of significant challenges. As the world watches, the hope is that the future will bring both political stability and respect for the fundamental rights and dignity of all individuals in this complex and beautiful region.

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The author is a gold medalist in Strategic Studies from Air University Islamabad and currently teaching as visiting faculty in a university based in Islamabad. She regularly writes on South Asian security and strategic issues.