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On Article 370, India hasn’t violated any international treaty. That’s why world won’t react

Expect furious media reactions, but as far as foreign governments go, all you will get is indifference or silence, and silence is acquiescence.

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Two months back, the Narendra Modi government sent out feelers, quietly, to the global community on a possible move to scrap Section 35A of the Constitution, under which anyone who is not a state subject of Jammu and Kashmir cannot purchase property in the state.

I had spoken discreetly to several people across the world to gauge their reaction to this very question.

Surprisingly, the reactions were, without exception, muted and unconcerned, bordering on approval. Although the conversations were restricted to Article 35A, they led me to believe that the scrapping of Article 370 will elicit no real response from the international community, save rage in Pakistan and a pro-forma condemnation by the Organisation of Islamic Cooperation (OIC). Why is that?

Also read: Explained: This is what Modi govt has done to scrap Article 370, 35A in Jammu & Kashmir

Modi did the groundwork

Clearly, Prime Minister Narendra Modi was laying the ground for this momentous occasion when he spoke to Donald Trump at the Osaka G20 summit. He definitely did not ask for mediation, but he almost certainly informed him of the decision, although that clearly went awry. Trump’s restraint in not responding to a public denial by the Indian government meant that some kind of urgent communication had taken place and the US President was finally informed about the exact request. Clearly when asked again – he did offer to mediate if asked – he did not repeat that he was asked to mediate by Modi.

In many ways, the US reaction is not just the most important reaction, it’s the only real reaction that counts. This is because the western foreign policy media, dominated as it is by US thinking, is seldom divergent and will align its views to the US.

We saw this in Bosnia, for example, when Britain and France, initially sympathetic to the Serbs, changed their stance rapidly when the US decided it was on the side of the Bosniaks.

Similarly, most of the West lined up behind the US, despite private reservations about the 2003 invasion of Iraq. Whatever opposition there was remained merely vocal, despite the outrageous breach of international law.

No breach of law

This is significant, because what India has done is entirely constitutional. It is not a breach of any domestic law, nor is it a violation of any international treaty obligation. This means the opposition to it will be muted at best. Note how the US, UK, Germany, Australia and Israel all issued advisories (based on Indian government briefings) asking their citizens in Kashmir to leave. Clearly then, they knew what was coming, and made absolutely no public statements about it.

If someone opposes your actions, invariably they leak the said actions. This is what happened when an irate Bill Clinton leaked Atal Bihari Vajpayee’s confidential letter citing China as the main motivation behind the 1998 nuclear tests. Cumulatively, this seems to indicate that the West – or at least the Anglosphere – is on board with India’s plans. Moreover, US trade with India unlike 1998 is significantly greater now.

Does the US need Pakistan for a safe withdrawal from Afghanistan? Yes, but the problem is the terms of the said withdrawal were already negotiated by Imran Khan and Trump. Any attempt to tag Kashmir on to the price will be seen as an attempted renegotiation by Trump and will not go down well. In short, if Pakistan thinks it can play the Kashmir vs Afghanistan card with the US, the boat has sailed.

Also read: Modi’s Mission Kashmir was to make scrapping of Article 35A a necessity. That moment is now

Most will follow US line

This also means Germany and other European countries too will fall in line, even if reluctantly. They after all have much bigger issues to manage back home and Britain, which was the only real worry given its large Pakistani expat population, is bogged down by Brexit. Focusing on Kashmir when it desperately seeks alternative partnerships in Europe, will not go down well with its electorate. Although we can expect Pakistani-origin MPs and possibly Jeremy Corbyn to make some noise, given their constituencies. However, this will not translate into official British policy.

France is unique in that it has mostly adopted an independent policy line. In this case, during the Rafale talks – delicate negotiations enabled a nuclear delivery capability on these aircraft – France had indicated its willingness to provide a veto on demand. This was one of the many concessions offered to India (including a prima facie violation of the NPT) to show that India was unique. Moreover, France led the defence of India at the UN Security Council during the 1998 nuclear tests. The India-France relationship is solid and France, for its part, will not jeopardise anything over some province that 99 per cent of the French people have never heard of, especially when such criticism would be seen as violating its implied sales pitch “Rafale = Strategic Autonomy”.

Who can create a problem?

The problem may arise from three quarters: an EU prone to posturing, Russia, and China. Here again, the EU can be safely ignored because the bilateral trade interests of the EU member states with India are so great that they can’t afford to outsource policy to the EU on this. Any EU protestations must be seen as purely superficial.

China, similarly, may protest, but that would open it up to comparisons with its actions in Tibet and Xinjiang that are far, far worse than India’s worst excesses.

As for Russia, we have on record, former ambassador to India Vyacheslav Trubnikov saying “the solution to Afghanistan lies through Kashmir”. Old and clueless Trubnikov is a known stooge of Putin’s Afghanistan point person Zamir Kabulov, who is anyway considered by the Indian establishment as being a compromised ISI stooge.  Given the large arms deals with Russia recently, it is highly unlikely that Putin will allow Kabulov to guide Kashmir policy and the fallback position will almost certainly be the USSR’s, which is that Kashmir is India’s problem or bilateral at best.

All up, expect furious media reactions, but as far as foreign governments go, all you will get is indifference or silence, and silence as they say is acquiescence.

Also read: Pakistan PM Imran Khan expected to meet his cabinet over J&K, could take issue to UN

The author is a senior fellow at the Institute of Peace and Conflict Studies. He tweets @iyervval. Views are personal.

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  1. It is obvious that author has a short memory.
    What you were doing when neharu unilaterely took this matter to UN.

  2. Buddy, while I’d love for what you say to turn out to be true, China has already spoken against india’s Move.

  3. What you are saying is freedom of speech and what I am reading is level of my tolerance…so just bare in mind..I don’t care who you are and sponcered by who..if you say against India…you will pay the price and your sponcerer too.

  4. Very good write up. Russia is a large country, we should not be influenced by one individual.

    Despite our recent bonhomie with the Americans, relations with Russia are based on historical trust and defense relations. Russians do and say things to keep India too close to US but mostly to strike better arms deals.

    When it comes to fighting Islamic Jihad, you can’t find a better partner than Russia.

  5. Era of Arabs, Turks, Persians, Mongols, British and Congress ends… Its CHANDRAGUPTA MAURYA & CHANAKYA back to business after 2300 years.
    JAI HIND 🇮🇳 #Article370 #KashmirHamaraHai #Article35A

  6. Mr. Iyer, If you really want to write fictional story, go ahead. What Modi spoke Trump is publicly on record, confirmed by MEA and from US. You dont need spin around story that you knew it coming. Pakistan will cry hoarse. No surprise at all. Rest of the world has no role.

  7. Perhaps instead of focusing on what other countries would think of us, we should focus within ourselves with our own conscience.
    What goes around comes around, So what are government does in Kashmir today, They will do for the rest of India.
    Kashmiris find the Indian government actions very ugly, soon we Indians ourselves will find the actions of this government very ugly it matters that concern us.
    But then it will be too late to be able to do anything about it.
    We voted them in so perhaps we deserve them.

    • I wanted to put forth an argument to counter yours but then I read your name and decided it’s not worth the effort. You and your ilk aren’t known for your open-mindedness now are you ?

    • Absolute hogwash. Who are you trying to scare? We saw jubilation in Ladakh and Jammu. J&K is not only Kashmir valley. The corrupt politicians of the valley and the wahabi / jihadi culture has to go. People of the valley understand this. The Govt will deliver on its promise.

    • Mr author. Don’t put forward a narrative. Just provide news. Readers will decide on the narrative. I think you need to be reminded your duty.

      • For god sake, you are reading an opinion piece. Author will put forth his narrative. If you want news, look at other sections.

  8. How has India not breached any domestic law? Locking up local leaders and taking this decision when the State assembly is dissolved and without a 2/3rds majority in both houses? This is illegal and a total breach of the constitution.

    • Please don’t talk about law if you do not have basic understanding of the subject. You’ll come across as a joke. It’s for your own good.

  9. Barring Pakistan, India need not be overly concerned about global reaction. What should matter is the bond of affection and trust with the Kashmiri people. One hopes deep, careful thought is being given to how a sincere dialogue can be started with them.

    • You have posted a rarely reasonable comment.
      Most ardent BJP supporters will agree with you. We should be kind to our Kashmiri brothers and sisters. People shouldn’t give the impression they have been defeated.

      The true heroes are Muslim soldiers and police officers in Kashmir who laid their lives for the Tricolor. Not to mention the silent India supporters among the public in the valley if they dared to reveal their opinions.

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