INDIA made history this week when it abolished article 370 from its constitution, effectively killing article 35A that guaranteed autonomy to India-controlled Kashmir.

It was not a sudden decision though. Narendra Modi’s government had promised in its manifesto since the 2014 elections.

Two things happened. The Indian-controlled (IC) Kashmir, a Muslim-majority region, became a third union territory with a state legislative assembly and second, Ladakh the Buddhist-majority region got bifurcated to form another union territory but without a state assembly. 

The Ladakh folk are happy because this was what they had been demanding for decades, blaming the Kashmiri government for expropriating their share of development funds and for treating their people exiguously.

Article 370 was incorporated into Indi’s constitution as a temporary, transitional and a special provision providing the special status of Kashmir conceding only matters of communication, defence and foreign affairs to the central government and any such power in future that enjoys the state assembly’s concurrence.

Mark the emphasis here… only with the concurrence of the state assembly. Hence Kashmiris had their own citizenship, flag, inalienable right to own properties, special over-riding rights to reserved facilities and jobs with the state government.

Modi’s BJP government earlier went to court to abolish this Article 370 along with Article 35A but to no avail. Finally, probably with patience exhausted, the BJP government decided on a swift abrogation plan.

Only a few days before, the first alarm was blared. Albeit tumultuous befuddlement, 10,000 troops were hurriedly rushed to secure the state borders and sensitive areas. Local leaders were caught off-guard. 

The president of India swiftly issued an order to revoke that 1954 article 370 to immediate effect on August 5.

At once, tens of thousands of Hindu pilgrims, tourists and all non-Kashmiris were asked to leave the state immediately. Airlines were asked to provide special fares and increased flights to fly them out. All government offices, schools and colleges were ordered closed creating a state of confusion, panic and fear. 

While the shocked world and state leaders were still guessing Prime Minister Modi’s intention, senior state leaders were subjected to house arrest, vocal leaders locked up and a drama of arresting six alleged terrorist from Pakistan was staged to deviate the people’s attention.

All communication lines, internet and cable networks were cut off, effectively completely locking down Kashmir to prevent any uprising.

Finally, the next morning Amit Shah, the home minister, raised the curtain. Immediately after the president revoked article 370, the minister rushed to the waiting session in parliament with the bill to abrogate the very articles that gave Kashmir its autonomy and another bill to restructure Kashmir and Ladakh, which both the houses of parliament rapidly passed within 24 hours of each other.

So what is there for us Malaysians to learn from this political episode? I will come back. But you will begin to see some common patterns that poor Kashmiris faced in the past and will face in future not uncommon to what a section of our population spoilt by prolonged protection, affirmative action, lack of resources and preferential treatment will face when global politics soon erases our imaginary border.

Back to Kashmir, except for defence, citizenship, foreign affairs and communication, Kashmiris enjoyed autonomy for everything else for more than 70 years. Special privileges, preferred status, recipient of entire affirmative programmes, sole right to own properties and government jobs. 

These were the conditions laid upon the British during independence before Hari Singh the maharaja of Kashmir agreed to sign the instrument of accession to India. The original agreement was Muslim-majority states would form part of Pakistan. 

But Jawaharlal Nehru quickly agreed to the maharaja’s terms for accession despite two further fatal non-negotiable caveats imposed.

That first was no order by the central government shall ever be made for whatever issue without first getting the concurrence of the state assembly. Second, the state could not be compelled to accept any future constitution of India. 

Meaning, the central government cannot make a unilateral decision to abrogate these provisions.

This is what makes this issue interesting. The central government has done this abrogation unilaterally with the excuse that the president has taken their own central government-appointed state governor in confidence before revoking article 370.

This opens wide to challenge because the caveat was that the president needed the concurrence of the state assembly, not the governor.

The people of Kashmir today feel betrayed saying this forced takeover is unconstitutional. If they must join a confederation, they would rather choose Pakistan. Well, let them argue it out in the courts.

There one complication though that has made Pakistan even more alarmed. The Indian home minister made a loud pledge in the house of parliament that India will now pursue to retake the other portion of Kashmir presently occupied by Pakistan and that he was willing to give his life to it.

Now, what is it in store for the Kashmiris? First, they will soon enough lose their Muslim majority to the millions of Hindus waiting by the corridors to swarm in.

Their migration to the fertile valleys will bring money, talent and an abundance of resources. And why not, Kashmir will now be open to all Indians citizens irrespective of race and religion. 

The Kashmiris, as usual in such circumstances, will soon lose their lands – sold, jobs, business opportunities and due to lack of competitive capacity will also quickly lose out to talented and resourceful non-Kashmiris swarming the state. What stops them in a decade or so from becoming squatters in once their own state is anyone’s guess.

The Kashmiris were never equipped to face meritocracy. Like what Umno did in Malaysia, wealthy politicians and aristocrats for more than seven decades hoarded to themselves all development allocations and other wealth that was otherwise meant to be shared and to be distributed to their community.

With some crumbs to Ladakh, the Buddhist-majority region within the state. Now, Ladakh is happily bifurcated from Kashmir and made a union territory and hopeful that development funds from the central government will now be handed over to them directly. Kashmir will develop leaps and bounds but not the poor Kashmiris. 

Here in Malaysia, although we are not poised to lose our sovereignty to an invasion the like of what India had just done to Kashmir, the artificial borders will offer no security to the protected section of our society, who in future, will stand exposed to similar merciless onslaught arising out of explosion and advancing of technological, resources richness and talent copiousness, now already pounding at our shores. 

Economic colonisation by China happening now through its new silk roads. Can our education minister with his black shoes and khat talent be able to stand in armour to protect and help the ill-equipped section of our fragile and pampered section of our society? Maybe tame the unforgiving tidal of evolution and expansion of knowledge that is already creeping in? Make your own guess. 

We actually have run out of time to prepare our future generations to take this challenge and yet there are irresponsible people still foolishly fighting against the affirmative action economic policy based on needs rather than by race in order to address income inequality and eradication of poverty across the board.

What happened to Kashmiris today due to lack of resilience will happen to us. This is not about an invading power from within or outside forces of power, but it is about our competitiveness and our resilience to override and outfox the barging of far superior might of finance and talents and about our readiness to quickly adapt to that change. 

The shrinking borderless world is race- and religion-blind. Even God will not help. Allah will not change the condition of a people as long as they themselves do not make the effort to change their condition (Quran 13:11).   

The only thing constant in life is change – Heraclitus. And those who are not prepared to embrace these unforgiving changes will die with no window to regret. – August 10, 2019.

* Sarajun Hoda is a social activist.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.