Researched & Compiled by Published by

Altaf Hussain Wani Kashmir Institute of

Parvez Ahmed Shah International Relations, Islamabad
 THE INDIAN OCCUPATION IS PURSUING PLAN TO TRANSFORM KASHMIRIS
INTO A MINORITY. IF NOT STOPPED, THIS WILL SOW THE SEEDS OF A
NEW FUTURE CONFLICT IN KASHMIR, A TERRITORY THAT ALREADY IS A
NUCLEAR AND CONVENTIONAL FLASHPOINT IN ASIA.

“ALL PERSON (OTHER THAN CITIZENS OF THE STATE OF JAMMU KASHMIR)

WHO ON OR SINCE 15 AUGUST 1947 HAVE ENTERED IT FOR OTHER THAN
LAWFUL PURPOSE, SHALL BE REQUIRED TO LEAVE THE STATE.”

CLAUSE (B), PART 6, RESOLUTION OF JANUARY 5, 1949, OF UNITED

NATIONS COMMISSION ON INDIA AND PAKISTAN

INTRODUCTION
The Indian occupied Kashmir is bearing the brunt of multiple assaults – on its nature, character and
identity. The latest coming on top of other attacks, is the one on Article 35A, which is a provision in the
Indian Constitution that grants the legislature to define state subjects, among other things. Supreme
Court of India has admitted a writ petition against the Article 35A filed by a BJP / RSS proxy NGO. This
is alarming, abrogation of Article 35 A flows from the very nature of the ruling dispensation in India- the
far right, Hindu nationalist party, the BJP and its allied sister organizations , the RSS and the VHP. These
forces’ ideological tour de force is Hindutva or political Hinduism which not only subverts the previous
“Idea of India” but seeks to replace it with a majoritarian, political Hinduism. Kashmir and assimilating it
into the broader Indian Union is central to this. It was a given that when the BJP attained and occupied the
highest pedestals of power in India , that it along with its proxies would seek to demolish the structures
that accorded a special status to Jammu and Kashmir- especially the issue of property rights which
ultimately will lead to demographic change in occupied territory.

Ahmar Bilal Sofi, President International Law society puts it like this, ‘’After failing to curb the peoples
resistance against its illegal occupation through military repression and military war-fare, Indian has
launched a Law-fare, real agenda appears to be assimilationist where Jammu and Kashmir is sought to
be “fully integrated” with the Indian

1
 BACKGROUND
Article 49 of Geneva Convention (1949) states
that “individual or mass forcible transfers, as
well as deportations of protected persons
from occupied territory to the territory of
the occupying power or to that of any other
country, occupied or not, are prohibited,
regardless of their motive.”
The state of Jammu and Kashmir is an
internationally recognized dispute between
India and Pakistan falls under Geneva
Convention and Hague Regulations of 1907,
which clearly restrains the occupying states
from altering the demographic character
of occupied area. Article 42 of 1907 Hague
Regulations states, “Territory is considered
occupied when it is actually placed under the
authority of hostile army”.
Jammu and Kashmir being UN recognized
disputed territory between India and
Pakistan thus, neither India nor Pakistan has
any right under international laws to change
the demographic character of any part of
undivided J&K.
United Nations resolutions on Jammu and
Kashmir call for the free and fair plebiscite,
so that people of Jammu and Kashmir
can decide their political future. United
Nations resolutions of 13th August 1948
and 5th January 1949 provides basis and
structure for final disposition of Jammu
“Jammu Massacre 06 November, 1947
and mass migration to Pakistan”
2
and Kashmir according to the will of the
people to be expressed in a free and fair
plebiscite conducted under the auspices of
United Nations. In spite of these agreements
and resolutions, India obviated the lawful
disposition of the State of Jammu and
Kashmir and occupied it by sheer use of force,
which it continues till date with widespread
violation of human rights.
The illegal occupation of Jammu Kashmir
at the time of partition against wishes of
the people and in violation of the partition
plan made India realize that it had occupied
the land but couldn’t occupy the hearts and
minds of the people. People’s revolt against
illegal occupation made India apprehend
to take some measures which can convert
majority Muslim state of Jammu Kashmir
it to a minority so that in future they can
get desired results if the right to self-
determination is granted to the people. Since
1947, India turned every stone to subjugate
the people and bring them into submission
but people of occupied resisted tooth and
nail for the liberation of their homeland.
Failing in breaking the will of the people, the
Indian state with its intelligence agencies
designed the plan of demographic change
and made numerous attempts to transform
Kashmiris into the minority by converting
Jammu and Kashmir into Hindu majority
state in contravention to Geneva Convention
to which India is a signatory.
 INDIAN DESIGNS
Indian desire to change the demography
of the Indian occupied Kashmir has been
operational since its occupation of the
Jammu and Kashmir. It started with the
physical elimination of Muslim population in
Jammu in 1947 followed by Indian military
oppression in Kashmir valley killing and
targeting Muslim youth and manipulation
of census figures and other coercive
measures. Failing to regard and respect its
obligations under United Nations resolutions,
Government of India started tempering with
the constitution and other legal matters to
integrate occupied territory with the Indian
Union against the will of the people. At some
occasions, Indian government was forced to
retreat under public pressure. Government of
India led by right wing extremist Mr. Narender
Indian army Invades Kashmir on 27th of Oct, 1947
Modi is fast on track to implement the BJP-
RSS agenda to turn the Muslim majority of
the territory into minority and to erode the
disputed nature of Jammu and Kashmir and
its integration with mainland India.
Muslims sense of insecurity becomes
acute when demands about the coercive
demographic transformation of the state
are made by BJP (Bharatiya Janata Party)
and RSS (Rashtriya Swaym sevak Sangh).
RSS chief made a specific demand for
demographic transformation of J&K on
January, 27th at Bhubaneswar. ORAGNISER,
official magazine of RSS also pleads for
demographic transformation and perceives it
to be the only solution to Kashmir problem.
3
The government of India and state
government of Indian Occupied Kashmir,
which is a coalition of PDP and BJP made
certain decisions and also initiated some
steps to archive its nefarious designs which
include:
1. Manipulation of Census reports
2. Attempt to abrogate Article 370 of Indian
Constitution which provides special
status to Jammu Kashmir (already
eroded)
3. To abrogate article 35/A of Constitution
of Jammu Kashmir.
4. Implementation of Securitization and
Reconstruction of Financial Assets
and Enforcement of Security Interest
(SARFAESI) Act-2002,
5. Implementations of Goods and Services
Tax (GST)
6. To create separate town ships for the
Kashmir Pandits in Kashmir Valley
7. To give state subject status to west –
Pakistan refugees
8. To settle ex Indian army personal by
creating Sainik Colonies.
9. To build shelters for the homeless non-
state subjects in Indian occupied Kashmir
10. To allot land to Indian Industrialists
outside Industrial areas under a lease
agreement for 99 years to give control of
economy of State in the hands of non-
State subject Hindu fundamentals.
11. Efforts to pass a bill under which any
institution showing J&K as not part
of India will be punished which is the
violation of UN Resolutions.
MANIPULATION OF CENSUS REPORTS

Before Indian occupation percentage of the

Muslim population of Jammu and Kashmir
was 87% which came down to 72% in 1952
Census. Successive census reports show the
decline in Muslim population percentage in
Indian occupied Kashmir. The latest census it
is shown as 67%. Had this population grown
in the similar way as the Muslim population
grew in elsewhere in the world and in India,
Muslim demography of Indian occupied
Kashmir should have shown positive trends
all along. The current Indian leadership
pleads for demographic transformation
and perceives it to be the only solution to
Kashmir problem. One doesn’t need to go for
a research to understand the manipulations
ATTEMPT TO ABROGATE ARTICLE 370 OF
made by census department in the context
INDIAN CONSTITUTION WHICH PROVIDES
of the J&K population. In 1971, J&K had only SPECIAL STATUS TO JAMMU KASHMIR
42000 people whose mother tongue was (ALREADY ERODED)
Hindi. 1981 census inflates this figure to
1012808. On face of it one can attribute this Indian successive governments overtly and
2200% increase in the population of Hindi covertly infringed Article 370 of the Indian
speakers to popularity of Hindi. But once one constitution which gives special status to
analyzes the figures provided by the census, Jammu Kashmir but now this infringement has
some different conclusions get reflected. reach to its lowest low, when Hindu extremist
The decadal increase of Hindi speaking government of BJP made open claims of
population should have been associated with abrogating article 370 from the constitution
the reciprocal decline in the number of those to abolish Kashmir’s autonomous status.
who speak Kashmiri and Dogri- two prime Amendment or abrogation of article 370
languages of the state. Decadal growth of remained a part of Indian Prime Minister’s
Kashmiri speakers is 30% and that of Dogri political agendas.
speakers 27%.

4
It is important to put it on record that during
the constitution making of Indian, and having
regard to the indefinite and uncertain position
of the state in the matter of accession,
coupled with ground realties and Resolutions
of United Nations, special provision was
incorporated in the constitution of India
under article 370. The founding fathers
of the constitution, in view of the peculiar
position of the state accepted the position
that the constitution which was being made
cannot be made applicable to the state of
Jammu and Kashmir. But a mechanism can
be provided to enable the government of the
state to run its affairs till the issues are finally
decided and settled. Therefore, none of the
provisions of the constitution of Indian dealt
with the state of Jammu and Kashmir, except
370.
TO ABROGATE ARTICLE 35/A
CONSTITUTION OF JAMMU KASHMIR.
That after the entire constitution of India
was made applicable to all the territories
comprised in Union of India, the president
of India exercising his powers under article
370 passed the 1st constitutional Application
order i.e. The constitution (Application to
Jammu and Kashmir) order, 1950. It was
followed by the constitution (Application to
Jammu Kashmir) order1954. It is under this
order that Article 35-A was incorporated in
the Application order for the state. The bare
perusal of the constitution of India would show
that the constitutional Application orders
deal with the, making provisions for the return
of the permanent residents of the state who
migrated to the territories including Pakistan
under permit for settlement and provide
constitutional protection to the law relating
to permanent residents of the state, their
special rights and privileges, employment
under the government, acquisition of
immovable property, settlement in the state,
scholarships.
The BJP government and its cronies are
bent upon to revoke Article 35/A which will
bring end to the state subject law in Jammu
Kashmir and will have serious repercussions
for the disputed state. If BJP succeeds in
revoking this article, the state subject law
would cease to exist in the state and the
protection given to the people under different
political agreements would be abolished
and Jammu Kashmir would be targeted for
settlement of non-Kashmiris.
To achieve its objective of converting Muslim
majority state into Hindu majority state, it
has passed and implemented number of
legislations in Jammu and Kashmir and
has initiated proxy judicial activism through
affiliated NGOs.
COLLECTION OF STATISTICAL ACT 2017
Recently, BJP in the Centre has proposed to
introduce a bill in the Indian Parliament to
extend the jurisdiction of the collection of
Statisticas Act 2008 to IOK. The proposal has
OF been approved by the PM Narendra Modi in
Union Cabinet last week. If BJP is successful
in extending the Jurisdiction of this Act to
IOK, the center will be able to manipulate
with satistics of IOK which also includes its
demography. With this, the BJP led center
government will achieve two objectives, one
breakthrough in diluting the special status of
IOK and secondly, control over all statistics
of IOK.
IMPLEMENTATION OF SECURITIZATION AND
RECONSTRUCTION OF FINANCIAL ASSETS
AND ENFORCEMENT OF SECURITY INTEREST
(SARFAESI) ACT-2002,
The surreptitious implementation of
Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest
(SARFAESI) Act-2002, which allows banks to
auction mortgaged properties of defaulters to
anyone, is an “attempt to weaken Article 370.
In theory this law is meant to aid the recovery
of debts but in practical is a back-door
acquisition of property by non-Kashmiris in
Jammu and Kashmir which will open a flood
gate for the settlement of non-Kashmiris in
the Indian occupied Kashmir. Work has been
started on the implementation of SARFAESI
act and banks have issued notices to bank
defaulters.
5
IMPLEMENTATIONS OF GOODS AND
SERVICES TAX (GST)
The application of Goods and services Tax
(GST) in Jammu Kashmir by BJP government
is another violation of “Spirit of Autonomy”
enjoyed by the state by virtue of Article 370
of the constitution. Jammu Kashmir enjoyed
special Powers of levying, collecting, and
implementing taxes by its own agencies
or department and by applying GST these
powers have been and now it would be
prerogative of Indian occupation government
to deal the tax matters. The application of GST,
6
by Indian authorities is clear contravention of
the state’s special position and is an attempt
to integrate the state further into the Indian
Union.
TO GIVE STATE SUBJECT STATUS TO WEST
–PAKISTAN REFUGEES
Grant of state subject to the West Pakistan
refugees in Indian occupied Jammu Kashmir
is yet another attempt to change the
demography of state. Some 6000 thousand
Hindu families at the time of partition chose
to cross through the borders of Jammu and
Kashmir. These Hindu migrants were settled
in the districts of Samba and Kathua keeping
in mind to change the demography of these
areas. These migrants have already occupied
the properties of Muslims who were forced
to migrate to other side of the ceasefire
line in Azad Kashmir. Successive Indian
governments tried to grant them citizenship
rights by violating state subject laws but
failed to do so because of the resistance from
local population.
Article 35A clearly enabled the Jammu &
Kashmir Assembly to deny citizenship rights
to the refugees from West Pakistan and all
other Indians, barring Permanent Residents
of the State. Armed with absolute power, the
Jammu & Kashmir Constituent Assembly
adopted Section 6 which said no persons who
had crossed over to the state after May 1944
will be considered eligible for citizenship
rights.
In Bachan Lal v/s State of Jammu and
Kashmir and other AIR 1987 SC 1169, the
petitioner representing West Pakistan
Refugee claimed some rights as are available
to the permanent residents of the state. The
Honorable Supreme court of India noticed
that since the petitioners were not permanent
residents of the state and that several laws
which deprive the petitioner of the benefits
in the matters of employment or acquisition
of property or settlement or scholarship
were protected by Article 35A including by
the President of India in the Constitution
Application order. The court observed that in
view of the peculiar position obtained in the
state of Jammu and Kashmir no relief could
be granted to them and it was entirely for the
Legislature of State of Jammu and Kashmir
to amend its laws. The right wing Hindu
regime wants to abrogate this article to pave
the ways for the settlement of non-state
subjects in Indian occupied Kashmir.
TO CREATE SEPARATE TOWN SHIPS FOR THE
KASHMIR PANDITS IN KASHMIR VALLEY
7
The creation of separate homeland for
migrant pundits is another plan of BJP
government to change the demography of
the Indian occupied Jammu and Kashmir.
Under the cover of separate townships in
different parts of Jammu and Kashmir, India
intends to create religious disharmony, and
damage the unity, social ethos, and above
all composite culture to prolong its illegal
occupation. Another dishonest objective
behind these separate colonies is to settle
non-resident Kashmiris which will be the
beginning of huge plan of making Kashmir
another Palestine.
TO SETTLE EX INDIAN ARMY PERSONAL BY
CREATING SAINIK COLONIES.
Creation of Sainik Colonies is another attempt
by the government of India is to settle ex-
army personal in Indian Occupied Kashmir.
State government has been asked to identify
land for these colonies. In April 2016 process
for land identification was started and in
this regard Governor wrote the following
letter to Deputy Commissioner Srinagar and
Jammu for allotment of the identified land.
A senior leader of BJP recently stated “settle
10 thousand ex-army personals in Indian
Occupied Kashmir give them arms and end
the strife, and should be tasked to retrieve the
properties of migrant pundits this is the only
way to settle Kashmir issue. 173 Kanals (21.6
acres) of land at the old Air Field, District
Budgam was identified and construction of
Sainik Colony is underway. Similarly 44 acres
of land was identified in Jammu.
Apartment buildings be part of the Sainik
Colony at Old Airfield
Indian army is in legal and illegal possession
of 10,00,000 Kanals (125000 acres) land, all
of which is behind the iron curtains and there
is obviously no information available with the
civil administration.
TO BUILD SHELTERS FOR THE HOMELESS
NON-STATE SUBJECTS IN INDIAN OCCUPIED
KASHMIR
Government of India under its Nations
Urban livelihood Mission is planning to build
shelters for homeless Indians in Jammu and
Kashmir. These homeless are the non-state
subjects. In Kashmir every Kashmir has a
home and there is no homeless state subject
on the either side of the ceasefire line. In the
name of humanity, India actually wants to
grab the land and change the demography by
settling non Kashmiri state subjects. Already
thousands of such people are living in Indian
occupied Kashmir without any proper record
and reason .Political leaders and civil society
believe that in the grab of humanity Kashmir
special status is being diluted.
8
TO ALLOT LAND TO INDIAN INDUSTRIALISTS
OUTSIDE INDUSTRIAL AREAS UNDER A
LEASE AGREEMENT FOR 99 YEARS TO GIVE
CONTROL OF ECONOMY OF STATE IN THE
HANDS OF NON-STATE SUBJECT HINDU
FUNDAMENTALS.
Another act to grab the land is new Industrial
policy adopted by government of India in
Indian occupied Kashmir. According to the
new policy, “non-state subjects”, including
Indian nationals who could not otherwise
legally own land in Kashmir, can -- with the
approval of the Jammu Kashmir government
-- lease land for industrial or information-
technology parks for periods of up to 90
years outside already established industrial
estates. The policy was initially approved in
March when Jammu Kashmir was without an
elected government and under the temporary
authority of NN Vohra, a New Delhi-appointed
regional governor. One of the last remaining
vestiges of its earlier independence is a law
prohibiting non-Kashmiris from owning
land or property in the region. Otherwise
all political autonomy enjoyed by the state
has already been eroded. This move is also
seen to settle non Kashmiris in the region to
change the demography of the state.
“The land grab is justified in myriad forms: in the name of bringing
employment and welfare under the broad rubric of “development”,
‘national’ security, land for military’s living, recreation, training,
rehabilitation of displaced people, relief for pilgrims etc.
So in Kashmir, despite constitutionally guaranteed
“state subject hood”, land grab remains the
state’s policy. Land Occupation could
not erase the desire for Azadi”

Gautam Navlakha
People’s Union for Democratic Rights, Delhi

137/A, Street 37, F-10/1, Islamabad - Pakistan.

Phone:051-831 3723-4 Fax:051-835 6310
Facebook: kiirnpo Email: kiir@kiir.org.pk