Re-colonisation of Jammu and Kashmir and the Right to Self-determination

Abstract On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of Indian constitution 1949. The state Jammu and Kashmir ( j&k ) was established terms Instrument Accession by Ruler . To change demographic composition , 35A 1949 also abolished new domicile rules were introduced paving way for non-Kashmiri Indians to settle permanently in Under Reorganisation Act Kargil Leh districts cut from recategorized as Union Territory Ladakh relegated a directly governed central government. May 2022, delimitation report published giving more seats Hindus compared Muslims against population criterion. This article argues that had started re-colonisation since October 1947. Eliminating its 2019 not starting but tipping point re-colonisation. After decolonisation British 1947, major states such Hyderabad; Junagadh given option join or Pakistan. saw this ‘grave threat’ her organic unity invaded Hyderabad on 13 September 1947; 27 1947 9 November It is argued secured accession compelling circumstances condition free impartial plebiscite would be held ascertain wishes Kashmiri people. Since pledge did materialise. As freedom colonialism has become jus cogens it United Nations (UN) members have erga omnes obligations respect support right self-determination