Article 370 (Kashmir): A Comparative Study with West Bank, Israel

Shivangi Chaturvedi
Legal Researcher at National Greens Tribunal, India.
Urooj Fatema
West Bengal National University of Juridical Sciences, India.

Volume III, Issue V, 2020

“KASHMIR” as a subject in India evokes a sense of insurgency and consistent skirmish. The area has always been a bone of contention between two countries that is India and Pakistan. With the constant bloodshed and identity politics being played in the area the people as well as, both the countries on a larger end suffer on economic, political, social as well as humane terms. 

There were three major wars of 1947, 1965 and 1999 (Kargil War) which were fought for Kashmir and protection of Indian borders. India in the past has had a defensive approach, with this agenda and to secure the people of Kashmir and provide them with their autonomy, Article 370 was inserted in the constitution that was recently abrogated in view for further integration of the Jammu and Kashmir natives.

Israel and India recently have developed a nuanced understanding of the diplomatic relationship. But history shows that both countries have been drastically different in their approach while dealing with their conflict zones.

Historically, West bank (Israel) has been a struggle point for Palestinians and Israelis. Palestinians in this area also contest for their identity to be recognized. The area has seen several wars. West Bank became a part of Israel after six days war from Jordan. Since then there has been an identity crisis. Palestinians have been contesting for the land of West Bank.

Both these countries have had their share of struggles for a peaceful solution which is yet to be determined.