Everything you need to know about article 370 & 35A for Jammu & Kashmir
All the people circulating “Congratulations Jammu & Kashmir” messages or “Property available in Kashmir” memes, read and read for an informed opinion before you form your own and read well before you jump in with your arguments.
What happened in 1947:
“Kashmir is not the property of India or Pakistan. It belongs to the Kashmiri people. When Kashmir acceded to India, we made it clear to the leaders of Kashmiri people that we would ultimately abide by the verdict of their plebiscite. If they tell us to walk out I would have no hesitation in quitting Kashmir. We have taken the issue to the United Nations and given our word of honor for a peaceful solution. As a great nation we cannot go back on it. We have left the question of final solution to the people of Kashmir and we are determined to abide by their decision.”
- Pandit Jawaharlal Nehru in Amrita Bazar Patrika, Calcutta.
What happened in 2019:
The J&K assembly was dissolved and the state is under central rule, in this case it is parliament which gets to exercise the prerogatives of the assembly. Article 3 of the constitution says that before parliament can consider a bill that diminishes the area of a state or changes its name, the bill must be “referred by the President of Legislature of the State for expressing its view thereon.” This is an essential safeguard of India’s federal system and has clearly not been followed in this case. If the government gets away with this logic then any state of Indian Union can be done away with in similar fashion.
The damage done:
J&K is the most militarised regions in the "world" at this moment. For the first time since 2008, the number of people who died due to conflict breached the 500 ceiling. The number of listed militants with government agencies crossed 300 - the highest in a decade compared to just 78 in 2013. With the government's fresh deployment of 40,000 troops in anticipation of this announcement, there appears to be an expectation of widespread protest in the Valley. If article 370 is repealed, India’s relationship with Kashmir will also end.
The damage anticipated:
Like article 370 and 35A for J&K, Constitution has “special provisions” in and for:
371A Nagaland
371B Assam
371C Manipur
371D Andhra
371E Sikkim
371H Anurachal
371I Goa
Outsiders can’t buy land in Himachal too. This move by the government brings them all under the radar of fear.
Lastly, J&K has Christians, Sikhs, Buddhists, Jains and it is not just a Hindu-Muslim state. Not every Sikh you find out there is Punjabi and not every Punjabi is a Sikh. Kashmiri Sardars exist and thrive there since centuries. Ladakh has two districts - Leh and Kargil, these are two different places. Stop stereotyping.
Sitting in Mumbai or Delhi and saying “oh it’s for the good of J&K” is easy. Right now everybody is an expert on Kashmir even if they have never set foot there.
Having your phones blocked, living with more military than residents, being snatched of trust and seeing your own people die is not a state in which any state ever wants to be.
What happened in 1947:
“Kashmir is not the property of India or Pakistan. It belongs to the Kashmiri people. When Kashmir acceded to India, we made it clear to the leaders of Kashmiri people that we would ultimately abide by the verdict of their plebiscite. If they tell us to walk out I would have no hesitation in quitting Kashmir. We have taken the issue to the United Nations and given our word of honor for a peaceful solution. As a great nation we cannot go back on it. We have left the question of final solution to the people of Kashmir and we are determined to abide by their decision.”
- Pandit Jawaharlal Nehru in Amrita Bazar Patrika, Calcutta.
What happened in 2019:
The J&K assembly was dissolved and the state is under central rule, in this case it is parliament which gets to exercise the prerogatives of the assembly. Article 3 of the constitution says that before parliament can consider a bill that diminishes the area of a state or changes its name, the bill must be “referred by the President of Legislature of the State for expressing its view thereon.” This is an essential safeguard of India’s federal system and has clearly not been followed in this case. If the government gets away with this logic then any state of Indian Union can be done away with in similar fashion.
The damage done:
J&K is the most militarised regions in the "world" at this moment. For the first time since 2008, the number of people who died due to conflict breached the 500 ceiling. The number of listed militants with government agencies crossed 300 - the highest in a decade compared to just 78 in 2013. With the government's fresh deployment of 40,000 troops in anticipation of this announcement, there appears to be an expectation of widespread protest in the Valley. If article 370 is repealed, India’s relationship with Kashmir will also end.
The damage anticipated:
Like article 370 and 35A for J&K, Constitution has “special provisions” in and for:
371A Nagaland
371B Assam
371C Manipur
371D Andhra
371E Sikkim
371H Anurachal
371I Goa
Outsiders can’t buy land in Himachal too. This move by the government brings them all under the radar of fear.
Lastly, J&K has Christians, Sikhs, Buddhists, Jains and it is not just a Hindu-Muslim state. Not every Sikh you find out there is Punjabi and not every Punjabi is a Sikh. Kashmiri Sardars exist and thrive there since centuries. Ladakh has two districts - Leh and Kargil, these are two different places. Stop stereotyping.
Sitting in Mumbai or Delhi and saying “oh it’s for the good of J&K” is easy. Right now everybody is an expert on Kashmir even if they have never set foot there.
Having your phones blocked, living with more military than residents, being snatched of trust and seeing your own people die is not a state in which any state ever wants to be.
A great nation went back on its words, maybe the nation is not great anymore!
ReplyDeleteBeautifully written 👏
ReplyDelete