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Indian Myths Channel Genocide in Kashmir

Shakeel Syed

Published

India is a land and society of myths. More so now than ever before, under the Hindutva-inspired Bharatiya Janata Party government led by the claim of the myth manufacturer Modi: “India is a democracy; it is in our DNA.”

A much talked about myth has been that India is a secular state, and in the light of the post August 5 2019 developments in Kashmir and the Indian mainland, much sighing is being aired that Indian secularism is endangered.

However, the question arises, when was India secular? Was India “secular,” when it invaded Jammu & Kashmir (J&K) on October 26, 1947 on the pretext that a non-Muslim should rule a Muslim-majority state, or was it “secular” when Hyderabad Deccan was invaded and annexed on September 23, 1948 on the pretext that a Muslim could not rule over a Hindu majority?

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Based on a myth about the birthplace of the mythical “Lord Rama,” the 600-year old Babri Mosque was attacked and demolished on December 6, 1992. India’s Supreme Court validated the goon squad’s action on November 9, 2019. Today, the mosque’s attackers rule India.

Even the national anthem ‘Vande Matram’ is not secular, where Muslims object to its idolatrous aspects. For instance, the fourth stanza, addresses motherland India as, “Thou art Durga, Lady and Queen, with her hands that strike and her swords of sheen, Thou art Lakshmi lotus-throned…”

When a Muslim sings these words, he is forced to equate his country with the Hindu goddesses Durga and Lakshmi, thereby deifying the land of India. This goes against the concept of tawheed (the Absolute Oneness of God), according to which a Muslim cannot supplicate to anyone except God.

The other long-standing myth, which India validated through a presidential fiat last year, is that J&K are its “integral” part – a territory it has occupied since September 1947 with a million-man force. In doing so, it served up another myth: the constitutional relationship between J&K and India.

Subodh Varma (“Some Myths About Article 370, 35A and Kashmir”, Sabrang India August 8, 2019) explains that in the process of effectively scrapping Article 370 of the Constitution through a presidential order supported by a Lok Sabha (lower house) resolution, the Bharatiya Janata Party (BJP) and its supporters regurgitated a slew of myths, half-truths and sleights of hand that have been part of its parent, the Rashtriya Swayamsevak Sangh (RSS) propaganda for decades. Ironically, many parties and opinion leaders who do not subscribe to the RSS ideology also repeated them, which show how far these myths have traveled. Meanwhile, social media went ballistic with RSS/BJP supporters posting bizarre claims while others started offering land for sale in Kashmir.

Arun Jaitley (d. August 24, 2019), who served as finance minister from 2014 to 2019, had tweeted on August 4, “J&K integration with India took place in October 1947. Article 370 came into force in 1952, Article 35A came in 1954, four and seven years later respectively. How can Articles 370 and 35A be a condition precedent to merger?”

He had sought to prove that Articles 370 and 35A were somehow unrelated to J&K’s “joining” [albeit perforce] the Indian Union implying that they are unnecessary and also that they were the result of some [past] Congress governments’ stupidity.

This is a lie.

On October 26, 1947, India invaded J&K, obliging its ruler, Raja Hari Singh, to sign the Instrument of Accession (IOA); the Dogra ruler’s ancestor having purchased the territory and its citizen from the British. However, this document states that the Indian parliament could only legislate on the state’s defense, external affairs, communications and some ancillary subjects. The agreement’s Clause 5 reads: “The terms of this my Instrument of Accession cannot be varied by any amendment of the Act or of Indian Independence Act unless such amendment is accepted by me by an Instrument supplementary to this Instrument.” Clause 7 says: “Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution.”

Simply stated, it says that many things left pending in the IOA were to be settled later through negotiations. After its invasion, India, which faced the Kashmiri resistance till 1949, finally seeking a UN-negotiated armistice, has yet to lay out the laws and governance mechanism. Accordingly, the UN Security Council adopted successive resolutions call for a plebiscite where the Kashmiris would vote freely to decide their future.

The UN continues to recognize Kashmir as a disputed territory.

The 1947 partition agreed upon by Muslim and Hindu leaders with Britain, the departing colonial ruler, reads that Muslim majority states would merge with Pakistan. Kashmir is a clear case.

To preserve the IOA’s spirit and to reassure the Raja, Article 370 was moved in India’s Constituent Assembly in May 1949, which was voted to be part of the Indian Constitution in October 1949. Consequently, Presidential Orders were issued in 1950, 1952 and 1954 to settle various issues. Jawaharlal Nehru  -India’s first prime minister- and his interior minister Vallabhbhai Patel (d. 1950) were part of these negotiations, which negates the RSS myth that Patel opposed Article 370.

The RSS propped up the full integration bogey to stir up agitation against the land reforms initiated by the Raja-appointed Sheikh Abdullah government. The RSS gave it a communal hue as the landowners were mostly Dogras and Pandits and most peasants were Muslims.

The RSS/BJP propaganda about Article 35A hides the fact that Raja Hari Singh had proclaimed the Hereditary State Subject Order in 1927, which allowed only the state’s residents to own land and to government jobs. The state’s assembly voted to include this order in the J&K Constitution. In keeping with the IOA terms regarding the preservation of rights of state’s residents, Article 35A was added to the Constitution through the Presidential Order of 1954.

Kashmir’s annexation falls under RSS ambition of a pure Hindu India.

The RSS states that J&K, with its “oppressive Muslim-majority character, has been a headache for our country ever since Independence.”

RSS alleges that forces “inimical to Bharat never wanted Kashmir to integrate itself with Bharat …  and in October 1947, these elements conspired with the enemy to defeat every move to save the situation from our [Indian] side.” While, India continues to loudly claim that it was Pakistani tribal fighters and not Kashmiri freedom-fighters who confronted the Indian invading army, RSS claims that it was its fighters who fought alongside Indian troops, adding that if a ceasefire had not been agreed upon, its fighters would have helped completely conquer J&K.

RSS blames the large Muslim presence for J&K being conferred a special status under Article 370, even after its total “accession.”

On December 11, 1991, BJP president Dr. Murli Manohar and Narendra Modi, and also, the now interior minister Amit Shah, led the 15,000 mile “Ekta Yatra” (Unity March) from Kanyakumari -a Tamil Nadu coastal town, the southernmost town in mainland India- which culminated in Srinagar’s Lal Chowk on January 26, 1992 to hoist the Indian flag, signaling that they had “arrived to settle the account.”

RSS claims: “The endless appeasement of the Muslim population, especially in Kashmir, practiced by the successive governments at Delhi, has been the bane of our government’s Kashmir policy. Just as too much mollycoddling and lack of discipline spoil the child, so has been Kashmir, a problem created out of our own folly.” RSS alleges that Pakistan arms militants for armed revolt from within India.

Amit Shah has harped the long-repeated party line that Article 370 is the root cause of spread of terrorism. As a corollary, it is also said that the article was the source of sentimental belief in a separate Kashmir, providing ground to cross-border terrorists to exploit.

However, it is the erosion of Article 370 that has led to increasing disenchantment of Kashmiris and their search for a way out. For instance, Article 370 provided for extending provisions of law to J&K through Presidential Orders, issued after concurrence of the state assembly. However, the 1954 Order has extended almost the entire Constitution to J&K. Out of the 97 entries in the Union List, 94 have been made applicable to the state and out of the 47 entries in the Concurrent List, 26 have been extended to the state. This has largely reduced the state’s powers. Overall, Article 370’s provisions were used at least 45 times to extend Constitution’s provisions to J&K.

Not only have the J&K rights been increasingly restricted, but also the spirit of the section has been violated by simply getting the state government to rubber stamp such extensions.

Also, the J&K Constitution was amended several times using Article 370. For instance, Article 356 was extended removing a similar provision in the J&K Constitution (Article 92), which called for President’s concurrence for imposing President’s rule. Article 370 was used for the extension of President’s rule. Even Article 249 (parliament’s power to make laws on State List entries) was extended to J&K through a recommendation of the governor, bypassing the state legislature.

In the past, Congress governments and later BJP, used these measures to manipulate the politics of the state to install ministries or impose President’s Rule.

Another myth, really a blatant lie, proffered by BJP, is that development was not possible because Article 370 didn’t allow it. Post-August 5, Indian politicians and opinion leaders continue to harp that with the removal of special status, including J&K will now become part of global India. Seriously, how Article 370 stopped any government from providing or encouraging more investment and industry in the state when most provisions of the Constitution, including Union list entries were extended to the state. The Union governments could have undertaken any economic measures or programs they wanted in J&K. In fact, there was nothing except unkempt promises of colossal special packages. No Indian government undertook any economic or political measures that would provide sustainable and long-term benefits to J&K.

Simply, the removal of Article 35A will now free real estate sharks to gobble up properties and use it for setting up private businesses including private schools. It is difficult to believe that private investment will flow into J&K, when an occupied people there are discontented and uncertain.

Indian propagandists in and out of government harp on the myth Articles 370 and 35A, and the arrangements they enshrine, were unique to J&K. In fact, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa enjoy similar provisions. In other states too, there are laws preventing non-domiciliary persons from owning land.

The Narendra Modi-led central government had, after the revocation of Article 370 of the Indian Constitution, recently announced that people will now be able to buy land in Kashmir. As a result, the 1971 circular, which restricted land acquisition and requisition without a ‘No Objection Certificate (NOC)” from the Home Department, has now been replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. And, the displacement of Kashmiris with the replacement of Indians has begun the process of ethnic cleansing, leading to a genocide of the Kashmiri people.

Citizens of India ought not to live by the myth of living in the largest democracy and in greatness but instead should heed to Gandhi, “as human beings, our greatness lies not so much in being able to remake the world – that is the myth of the atomic age – as in being able to remake ourselves.”

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Shakeel Syed is the Regional Director for American Muslims for Palestine & serves the boards of Clergy & Laity for Economic Justice (CLUE) and Death Penalty Focus. Syed also served as the founding Executive Director of the Islamic Shura Council of southern California & as the Vice President of ACLU - Southern California.

1 Comment

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    Mohammed Khateeb Kamran

    August 12, 2020 at 2:11 AM

    In discussing Kashmir, equal blame has to be placed on liberal Muslims like Sheikh Abdullah and Bakshi Ghulam Mohammad who organised support for Indian Armed Forces in Kashmir and actively fought against Pakistani forces in exchange for political power.

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#Current Affairs

Open Letter To The UN Secretary-General On The Coercive Transfer of Rohingya to Bhasan Char Island

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Dear Mr. Secretary-General,

As a human rights activist who has been campaigning for Rohingya rights since 2012, I am writing to express my alarm at the current transfer of Rohingya refugees to the Bangladeshi remote island known as Bhasan Char.

As I write this letter, more than 900 Rohingya have been taken away by bus from their communities in the refugee camps in Bangladesh and are due to be shipped to Bhasan Char in the morning. The figure of 4,000 to be taken there imminently has been mentioned in the media, although there are also reports that the plan is to relocate 100,000 in total, which is unimaginable.

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I have learnt that Rohingya who did not want to leave were told that their names were on a list and so they had to pack up and go. They were given no choice. Those who objected were met with violence and there are reports of Rohingya having their teeth knocked out. Families have been torn apart in this process, with cases of parents even separated from their children and husbands from their wives.

There were already more than 300 refugees currently being held against their will on the island after they were rescued from traffickers. These refugees have begged to leave the island and have reported cases of sexual assault and rape. Some refugees went on hunger strike to leave the island and were severely beaten when they refused to eat. They have reported jail-like conditions with up to 5 people living in a 50ft square room. I have looked at the layout of the buildings on Google Earth and found that it looks very cramped, like a concentration camp.

I feel that this way of treating any human beings is despicable. That the Rohingya are survivors of genocide and are being left without protection in this way, fed propaganda and false promises of that they will be educated, allowed to work and build better lives on this island, is a tragedy.
I call on you to do what you can to halt this atrocity from taking place, to stop the boat sailing in the morning, and to ensure that all Rohingya currently trapped on this island are returned as a matter of urgency.

I have included some links below to recent reports on this situation, but most importantly I ask you to listen to the cries of these families as they are separated and their loved ones taken away from them. The woman in the video is shouting ‘film this, they’ve stolen our relatives!’

https://twitter.com/

/status/1334532022686117888

We cannot let this happen.

Sincerely,

Feature image by Shafi Ur

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#Islam

Podcast: Hijabi Girls in a Barbie World: The Halima Aden Edition

Zainab (AnonyMouse)

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Panel discussion with Zainab b. Younus, Hena Zuberi, her daughter, and Fousia from the Naptime is Sacred podcast to talk about Halima Aden’s Instagram posts about hijab and her modeling career.

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#Society

Beyond 2020: Grounding Our Politics in Community

Kyle Ismail, Guest Contributor

Published

As tense and agonizing as these unending election days have been, it pales in comparison to the last four years.  I plainly remember how it all began on the night of November 07, 2016. I watched as the political map of the US became increasingly red late into the night. All the social media banter, conspiracy theories and left-wing critiques of candidate Hillary Clinton, formed an amorphous blob of white noise as I heard Trump announced as the next president. Now that Trump has run for re-election, half the country was hoping for a repudiation but will have to settle for the fact that despite a small margin, Donald J. Trump will not have a second chance to erode our democratic institutions and divide us. But we can’t move forward until each of us acknowledges our own pathological role in what we’ve become as a deeply divided country. 

We need to grapple with how we can gradually improve the circus-like reality that has become our ordinary, daily politics. We’ll relive more and perhaps improved “Trumps” if we don’t accept our own responsibility in creating a divided America. This starts with being better members of local communities. Here are a few of Trump-induced realizations that I’ve come to accept:

  1. Caring about our immediate neighbors and listening to their challenges and concerns is the part of political engagement that we all have to embrace above and beyond actually voting if we hope to be more than a 50/50 nation.
  2. Social media and its profit-driven algorithms are actually eroding how we see each other but could also be altered to help better educate us about our local social/political landscape.
  3. Local Politics has direct impact on our lives and is also at the heart our religious obligations to our neighbors. It also sets the tone for where the federal level derives policies that prove to be best practices (some examples are included below).
  4. Agitation and protest are not the same as being politically organized on a local level. Protest is sometimes needed, but it will never replace consistent and patient work. We learned this lesson with the Arab Spring as that movement failed to transform into a movement that was able to govern effectively. And the same appears to be true about the Black Lives Matter movement.

The voting is over for now. But voting is really the smallest part of being committed to bettering our communities. It was Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) who gave the most specific definition of community/neighbor and encouraged his followers to guard the rights of the neighbor:

“Your neighbor is 40 houses ahead of you and 40 houses at your back, 40 houses to your left and 40 houses to your right” Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him)

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Why does this relate to being politically organized?? The need for political organizing comes when any group of people want to create change in accordance with their values. We’ve all watched protest after protest that change little to nothing at the neighborhood level. This will continue to happen without organization, which span school boards, block clubs, nonprofits, and religious community outreach.  How can Muslims enjoin right and discourage wrong in any meaningful way? It comes through having authentic relationships with neighbors and turning that into organized and engaged communities.

Rosa Parks

Nothing illuminates the value of such relationships better than the story of Rosa Parks in her role in the Montgomery Bus Boycott. People often think that she was the first brave soul to defy the custom of allowing whites to sit before African-Americans could be seated on her city’s buses. Nothing could be further from the truth. The difference was that her sets of relationships were so interwoven into her local community that it forced a massive response. Park’s connections spanned socioeconomic circles as she had close friendships from professors to field hands. She held memberships in a dozen local organizations including her church and the local NAACP. She was a volunteer seamstress in poor communities and provided the same for profit in wealthy white circles. When someone with her relational positioning was able to leverage the political organizing ability of MLK and Dr. Ralph Abernathy, the Montgomery Bus Boycott was sparked.

When something happens to Muslims, who can we mobilize to respond? Who becomes angry? Who do we work with in our communities to create policies that reflect our values And what are our internal barriers to such cooperation?

“Whosoever of you sees an evil action, let him change it with his hand; and if he is not able to do so, then with his tongue; and if he is not able to do so, then with his heart—and that is the weakest of faith.” Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him)

Our Predecessors Organized Locally

At some point in time voting became the sum total of political engagement in the minds of many and is now deemed by some as worthless. We quickly forget that the organizations that battled for voting rights were first locally organized to improve communities. SNCC, SNCC, CORE, NAACP, and the Urban League all formed to create change in various ways and the fight for voting rights was a component of these local agendas. So when we’re tempted to believe that voting doesn’t matter, it’s likely due to our lack of engagement in local issues that form the contours of our community life. If you’ve ever heard of Ella Baker or Fannie Lou Hamer (worth researching!), you probably never bought into this type of logic.

One of the many lessons we can pull from this rich history is that we cannot pursue policies, seek alliances, or negotiate a position with political parties (see Ice Cube’s debacle in negotiating with Trump) without first being organized from within. No set of friendships or outside philanthropic support can supplant the need for internal organization. This lack of organized political engagement has weakened Muslims in general but has fatally weakened African-American Muslims as voices within the larger Black community – a voice that gave Islam its first fully accepted and influential place in American society.

Immigrant-based Muslim communities could also benefit from a local approach because despite being several generations in America, their American bonafides are still not set in stone. Concerns about Islamophobia will not change outside of developing authentic relationships with non-Muslims.

This also pushes back against a culture shaped disproportionately by social media algorithms that promote isolation and division for the sake of profit. Our attention to the national news cycle also takes our attention away from local communities where our power is formed. In this type of political malaise, re-engagement in local politics and community relationships can bring us back to important principles that resonate with the values of Islam.

Local politics help shape federal policy

The final word on any law or policy rests with the federal government, but much of what becomes orthodoxy begins with a few concerned citizens in local communities. As with community policing, criminal justice reform, climate sustainability, or any issues that has not caught on, the federal government will often step back to see how a new law plays out at state and local levels. Illinois didn’t wait for Obamacare but has a well-established program to ensure that anyone 18 and younger in Illinois has health insurance through a program called All Kids . Colorado has, in the midst of protests against police brutality, altered their law of Qualified Immunity to make police more accountable. And California has advanced the conversation on reparations  by sanctioning a study to understand how the state could benefit by redressing the descendants of American slavery.

By advancing issues and electing representatives who support the causes we believe in, we insert ourselves into a narrative that would’ve otherwise been forged without us. There’s no shortcut in this process short of rolling up our sleeves to understand our local systems and existing organizations. Moneyed interests are prepare to control the narrative regardless of who the president is and we have to remake this system from the ground up. Our history provides us with a roadmap to do this and it goes far beyond being citizens who only argue over national issues while standing on the sidelines. Remembering our 40 neighbors as advised by the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) is the best place to start.

Some helpful links:

Local Elections

State Legislatures

School Boards

County Prosecutors

Mayors

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