Indian Parliament resolution imposing all of the provisions of the Indian Constitution to Jammu and Kashmir without any modification or exception, notwithstanding the Constitution of Jammu and Kashmir, legal custom or any other “instrument, treaty or agreement” and moving to accept the Jammu and Kashmir Reorganisation Bill, 2019 to be considered and passed. On August 5 and 6, 2019, the Government of India imposed unprecedented legal changes in Indian-Administered Jammu and Kashmir, including through this Indian Parliament resolution. By fiat, this eliminated historic protections guaranteed by international humanitarian law, treaty and constitutional guarantees for the benefit of the indigenous people of Indian-Administered Jammu and Kashmir. This also overturned the legal basis for seven decades of Indian jurisprudence (itself based in violations of international law) relating to Indian-Administered Jammu and Kashmir and imposed almost all of the provisions of the Indian Constitution to the territory. This is a major violation of international humanitarian law, human rights, indigenous rights, treaty obligations and constitutional guarantees.
Topics: changing the laws in force in occupied territory, international humanitarian law violation, no consent of governed, violation of economic rights, violation of cultural rights, violation of social rights, demographic change, settler colonialism, land expropriation, forced demographic change, colonial domination, dispossession, disempowerment, marginalization, right to education, right to work, indigenous rights
Note that:
On August 5, 2019, the Government of India announced unprecedented steps relating to Indian-Administered Jammu and Kashmir. India’s President issued C.O. 272 (the Constitution (Application to Jammu and Kashmir) Order, 2019) which, among other things, generally imposed all of the provisions of the Indian Constitution on Jammu and Kashmir.
India’s Parliament passed this resolution which:
August 2019
Originally published