National Conference (NC) has emerged as the single largest party in the Kargil, elections by winning 12 seats while Congress bagged 10 seats. The BJP only two. The 5th August 2019 actions don't have legs to stand. #Kargil #NC

This was sad news for Mr. Modi's government in Delhi that the National Conference (NC) has emerged as the single largest party in the Ladakh Autonomous Hill Development Council (LAHDC)-Kargil, elections by winning 12 seats while Congress bagged 10 seats whereas BJP only two. The election was held on Oct 4, 2023, and counting on 8th October 2023.

This electoral contest attracted significant attention, as it marked the first local poll in Ladakh since the region became a union territory separate from Jammu and Kashmir on 5th August 2019.

In a significant political development, NC and Congress had announced a pre-poll alliance but put up 17 and 22 candidates for the polls.

Further, it is more important to note that the subject elections of LAHDC-Kargil were rescheduled from September 10 to October 4 on the directions of the Supreme Court of India which took serious note of the Ladakh UT administration denying the “plough” as an election symbol to NC candidates a party with deep roots attachment with the people of the state of Jammu and Kashmir. 

The National Conference had approved in 1944, a constitution for an independent Jammu and Kashmir, which began by: “We the people of Jammu and Kashmir, Ladakh and the Frontier regions(Gilgit Baltistan), including Poonch and Chenani districts, commonly known as Jammu and Kashmir State, in order to perfect our union in the fullest equality and self-determination, to raise ourselves and our children forever from the abyss of oppression and poverty, degradation and superstition, from medieval darkness and ignorance, into the sunlit valleys of plenty, ruled by freedom, science and honest toil, in worthy participation of the historic resurgence of the peoples of the East, and the working masses of the world, and in determination to make this our country a dazzling gem on the snowy bosom of Asia, do propose and propound the following constitution of our state . . .”

The historical background of the NC, a peaceful resistance for the rights of the people goes back to the early 1900s from an autocracy to a democratic state, which made many uneasy while sneaching people's rights away on one pretext or another. That is why authoritarianism feels threatened by the election symbol of the NC.

The 5th August 2019 actions don't have legs to stand. The UTs run by a Delhi henchman, and the simple reason is that Delhi cannot face the people of Jammu and Kashmir in ballets but seeks the help of the bullets. The following facts will keep knocking on the doorsteps of Delhi:

The 5 August 2019 actions by the Indian government in Jammu and Kashmir were highly controversial, with many legal and moral experts arguing that they had no basis in law or ethics. The actions included the abrogation of Article 370 of the Indian Constitution, which granted special status to Jammu and Kashmir, and the bifurcation of the state into two union territories.

The Indian government argued that these actions were necessary to address terrorism and separatism in Jammu and Kashmir. However, many critics argued that the actions were simply a power grab by the Hindu nationalist Bharatiya Janata Party (BJP), which was then in power at the center and still running India.

There are several reasons why the 5 August 2019 actions may be considered to have had no moral and legal ground to stand. First, the abrogation of Article 370 was done without the consent of the people of Jammu and Kashmir. This is a violation of the right to self-determination, which is a fundamental human right.

Second, the bifurcation of Jammu and Kashmir into two union territories was also done without the consent of the people. This is a violation of the right to territorial integrity, which is another fundamental human right.

Third, the Indian government imposed a curfew and communications blackout in Jammu and Kashmir after the 5 August 2019 actions. This was a violation of the right to freedom of expression and the right to freedom of movement.

Fourth, the Indian government arrested thousands of people in Jammu and Kashmir after the 5 August 2019 actions, many of whom were held without charge or trial. This was a violation of the right to due process and the right to a fair trial.

Fifth, the Indian government changed the domicile laws in Jammu and Kashmir after the 5 August 2019 actions, making it easier for people from outside the state to settle there. This was seen as an attempt to change the demographic composition of the state, which is a violation of the right to equality and the right to non-discrimination.

In addition to the above, there are several other legal and moral arguments against the 5 August 2019 actions. For example, some experts have argued that the actions violated the Indian Constitution, the United Nations Security Council resolutions on Jammu and Kashmir, and international human rights law.

In conclusion, there are strong legal and moral arguments to suggest that the 5 August 2019 actions by the Indian government in Jammu and Kashmir had no basis in law or ethics. The actions were highly controversial and have been condemned by many human rights groups and international bodies. It is possible that the actions will be reversed in the future, either by the Indian courts or by a future government.

However, it is important to note that the situation in Jammu and Kashmir remains complex and there is no easy solution. The Indian government has stated that it is committed to restoring democracy in the region, but it has not yet provided a clear timeline for doing so. It is also important to note that there are a variety of perspectives on the situation in Jammu and Kashmir, and it is important to listen to all sides before forming an opinion.