Republic without rights

2026-01-26 - 00:44

EVERY year on 26 January, India celebrates its Republic Day, commemorating the adoption of its Constitution in 1950. It is a day marked by military parades, patriotic fervor and decla-rations of democratic pride. Yet for the people of Jammu and Kashmir, this date carries a very different meaning. Instead of celebration, it evokes memories of broken promises, con-stitutional betrayals and a long struggle for dignity, rights and self-determination. The Indian Constitution, adopted on 26 January, claims to guarantee justice, liberty, equality and fraternity. These lofty principles are repeatedly highlighted in Republic Day speeches. However, Illegally Indian Occupied Jammu & Kashmir (IIOJK) stands as the most glaring contradiction to these claims. From the very beginning, Kashmir’s relationship with India was acknowledged as disputed and temporary, subject to the will of its people. United Na-tions resolutions, bilateral commitments and even Indian leaders publicly accepted the princi-ple of self-determination. Yet, more than seven decades later, that promise remains unful-filled, proving it to be the mere shallow promises based on hypocrisy, betrayal and treachery. For Kashmiris, 26 January is not remembered as the day of constitutional empowerment but as a symbol of constitutional erosion and systematic denial of basic human rights and self de-termination. The unilateral revocation of Article 370 and 35-A in August 2019 dealt a deci-sive blow to Kashmir’s already fragile political autonomy. On a day when India celebrates federalism and democracy, Kashmiris recall how their special status was removed without consent, debate or representation, under prolonged lockdowns and communication blackouts in a valley turned into garrisoned incarceration. Republic Day parades in New Delhi showcase India’s military strength, but in Kashmir, the same military presence represents daily surveillance, checkpoints and fear. One of the most militarized regions in the world cannot realistically be projected as a model of democratic harmony. The heavy deployment of security forces, repeated curfews, arbitrary detentions and restrictions on movement contradict the very spirit of a republic that claims to be gov-erned by law and popular will. The situation worsened after 2019, as political leaders were detained, assemblies dissolved and democratic processes suspended. Even basic political activities became restricted. A re-public that prides itself on being the world’s largest democracy cannot justify silencing an entire region. Democracy does not mean elections alone; it means choice, consent and par-ticipation, all of which remain severely limited in Kashmir. Recently, yet another develop-ment has been reported in Indian IIOJK wherein the Indian government has begun collecting financial and personal data of mosques and religious seminaries. This sorrowful development constitutes violation of religious freedom. It is pertinent to note that this data gathering exer-cise is Muslim specific while Hindu Temples and sites belonging to other faiths remains completely out of its scope. Human rights organizations have repeatedly raised concerns about extrajudicial killings, en-forced disappearances, custodial torture, media suppression and use of draconian laws. Yet on Republic Day, these realities are overshadowed by official narratives of development and normalcy. Development without dignity, however, cannot substitute for political rights. Roads and buildings cannot replace justice, nor can economic packages silence the demand for freedom. 26 January also raises questions about the selective application of the Constitution. If the Constitution is supreme, then why is it suspended in practice in Kashmir through special laws that grant immunity and restrict civil liberties? If equality is a foundational value, why are Kashmiris subjected to laws and controls not applied elsewhere in India? These questions remain unanswered year after year. For the Kashmiri people, Republic Day often serves as a reminder that the Constitution is celebrated more as a symbol than practiced as a principle. The gap between constitutional rhetoric and ground realities continues to widen. The voices of Kashmiris—journalists, stu-dents, activists and ordinary citizens are increasingly and ruthlessly hushed rather than heard. Regionally, the Kashmir dispute remains a major obstacle to peace in South Asia. Without addressing the core issue of Kashmir in accordance with the aspirations of its people, stability will remain elusive. Republic Day speeches that emphasize regional peace ring hollow when dialogue is replaced with force and dissent is labeled as sedition. True republicanism is not demonstrated through ceremonial displays or nationalist slogans but through moral courage and political wisdom. It requires acknowledging historical mis-takes, restoring trust and allowing people to decide their own future. Kashmir does not de-mand privileges; it demands the fulfillment of commitments already made. As India marks another 26 January, the day should serve as a moment of introspection rather than self-congratulation. Until Kashmiris are granted their fundamental right to choose, Re-public Day will remain, for them, a day of mourning rather than celebration. A republic that ignores its own constitutional conscience cannot expect history to judge it with kindness. —The writer, a retired Major, is based in Ghaziabad, Azad Kashmir.