In Part 2 of An Essential Guide to Dismantling Kashmir’s “Special Status”, Shrimoyee Nandini Ghosh looks at what the dismantling of Kashmir’s “special status” means in the realm of the international order: the laws of nations, wars and our shared humanity. The question of Kashmir’s international legal status has been an extremely contentious one, and one on which there has been very little serious academic engagement. In India, most legal experts and opinion makers have seemed content to echo, either by their words or their silences, the position of the Indian state that Kashmir is primarily a constitutional question, in other words an “internal matter”. But in the midst of the legal upheaval wrought by the neutering of Article 370, several previously verboten terms – ‘Occupation’, ‘Annexation’, ‘Colonialism’, ‘Right to Self Determination’, drawn from the realms of international law and politics, are now being used in the Indian public sphere to describe, debate, or decry the events of 5 August, 2019. In this essay, Shrimoyee unpack some of these terms and address the question of the implications of the constitutional changes for Kashmir’s disputed legal status in International Law.
Author: Shrimoyee Nandini Ghosh
Shrimoyee is a lawyer and legal researcher currently based in Delhi . She lived and worked in Srinagar from 2012-2018, researching and writing on issues of militarisation, state violence and emergency laws
The tortuous thicket of laws, constitutional provisions, presidential orders, political history and legal mystifications surrounding Article 370 and Article 35A make it difficult to navigate through recent debates about its abrogation in an informed way. This series of three essays by Shrimoyee Nandini Ghosh, lawyer and legal researcher, aims to be a somewhat eclectic guidebook— at times proffering a no frills step-by-step road map, at others traversing some rather more unfrequented and adventurous legal diversions. In this first essay, Shrimoyee provides a legal-historical guide to terms like 370, 35(a) and the tricks, which were played to make these history.”