Jammu and Kashmir Reorganisation Act, 2019

The introduction of the bill was preceded by a presidential order which indirectly amended Article 370 of the Indian constitution and revoked Jammu and Kashmir's special status.

Additional 35,000 paramilitary troops were deployed to Jammu and Kashmir,[12] prior to which a warning was issued to annual Hindu pilgrims and tourists citing a terror threat.

The legislative assembly may make laws for any of the matters in the state list except "public order" and "police", which will remain as the law-making powers of the union government.

[20][30] The statutory resolution recommended that most of Article 370 cease to be operative, except the one which says that all provisions and amendments of the Constitution of India would be applicable to the state of Jammu and Kashmir.

[45][46] The two union territories came into existence on 31 October 2019, which is celebrated as National Unity Day (marking the birth anniversary of Sardar Vallabhai Patel, who had a major role in the political integration of India[47]).

[51][52] The president's order under Article 370 made on August 5, 2019, the Jammu and Kashmir Reorganisation Bill and the two resolutions passed this week by parliament were conceived in malice and executed in deceit.

[55][56] Members of parliament Mohammad Akbar Lone and Hasnain Masoodi of Jammu and Kashmir National Conference filed a petition in the Supreme Court on 10 August 2019 challenging the presidential orders and the Reorganisation Act 2019 together.

[60] In October 2019, a spokesperson for the United Nations High Commissioner for Human Rights, Rupert Colville, stated that "The Supreme Court of India has been slow to deal with petitions concerning habeas corpus, freedom of movement and media restrictions".

[68][69] In Ladakh, by October 2020, a certain amount of apprehension over its status as a union territory had developed due to subsequent legislation and fears of losing jobs and land.

[Linked NYT article "In Kashmir, a Race Against Death, With No Way to Call a Doctor"] A security lockdown and communications blackout was extended throughout the new union territories in a pre-emptive manner.

[82][83][81] A fact finding team including Jean Drèze and Kavita Krishnan reported that "People expressed their anger freely in informal conversation, but no-one was willing to speak on camera", children were heard calling Modi 'Iblees' (meaning 'Satan'), and a man in Sopore said that the situation was "silence at gunpoint", and the peace was the "peace of a graveyard", while someone else said "It's Army rule not Modi rule".

[83] According to rights' groups, 412 habeas corpus petitions challenging detentions under the Jammu and Kashmir Public Safety Act, 1978 were filed after 5 August 2019.

[86] The Jammu and Kashmir Reorganisation Act, 2019, has been subject to significant controversy and debates in the international community, with some countries questioning its legality and respect for democracy.

[89] On 13 August 2019, Pakistan requested, and Permanent Member China supported, a consideration of this issue by the UN Security Council in 2019; many other countries reinforced these moves.

"[90] The Jammu and Kashmir Reorganization Act, 2019, impacted India's regional security due to the deterioration of the bilateral relations with Pakistan since it increased the fresh military skirmishes along the Line of Control between these two nations.

[89] Pakistan has continuously criticized the Government of India's decision to remove Article 370 on grounds of its being unconstitutional and unacceptable, as it directly impacted people's fundamental rights.

[95] In early October 2019, Chinese President Xi Jinping released a statement saying that the situation in Kashmir was being observed and that Pakistan had the support of China.

[98] In June 2020, Wang Shida of China Institutes of Contemporary International Relations linked the 2020–2021 China–India skirmishes to India's decision to change the status of Jammu, Kashmir and Ladakh.

[102] The first elections in the union territory of Jammu and Kashmir took place in the last two months of 2020 in the form of by-elections to District Development Councils and municipal and panchayat level bodies.

[113] During October 2021, 13 civilians were killed; the highest death toll in a single month in the past two years, leading to the exodus of hundreds of migrant labourers and their families.

[115] While India's Multi-Agency Centre estimated that 55 terrorists crossed the LoC post 5 August in 2019,[116] the military put the number much lower, adding that many infiltration attempts had been thwarted.

[120] The first report, while condemning the situation of human rights in the state and that security concerns were being placed first, recommended— (sic) "release all remaining political detainees", "repeal the PSA and any other preventive detention legislation", "remove all restrictions on freedom of representation and expression", "release all detained juveniles and withdraw charges against them", "allow smooth passage for medical personnel and patients", "reinstate all the former state's statutory oversight bodies, especially those monitoring human rights, such as the Jammu and Kashmir Human Rights Commission", "encourage all shades of opinion to be freely and peacefully expressed, as the laws apply in every part of the Indian Union".

[...] the Jammu and Kashmir administration continues to oppose bail and stifle dissent on increasingly bizarre grounds [...] recruitment of cyber volunteers, to monitor... for 'anti-national' content.

Incidents of dowry – and/or wife burning, rarely heard before, have surfaced [...] Journalists have been harassed, assaulted and charged under UAPA.However, considering the regions history including ethnic cleansing, many today still place public security, safety and order as paramount.

[127][128] A third foreign delegation visited the region in February 2021; the envoys represented various countries including Brazil, Malaysia, Bolivia, Ghana and Kyrgyzstan.

[129] Michelle Bachelet, the United Nations High Commissioner for Human Rights, put out a comment in September 2021, expressing concerns about the human rights situation in the state including the communication blackouts and stated, ..Ongoing use of the Unlawful Activities (Prevention) Act throughout India is worrying, with Jammu & Kashmir having among the highest number of cases in the country.

While I acknowledge the Government's efforts to counter terrorism and promote development in the region, such restrictive measures can result in human rights violations and foster further tensions and discontent.

[135][136] This move by the central government came under specific criticism for the changes to the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 which resulted in a modification to the states' domicile laws.

[148][150] Kashmiri author and academician Ather Zia holds the same views, "settler-colonial techniques in Kashmir predate the foreboding of the siege of August 2019".

[156] G Kishan Reddy, the Minister of State for Home Affairs, introduced the Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 to replace the existing ordinance for the same.

Map of the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh as released by the Government of India.