by Seema Khan
Article 370 which acted as a bridge between Kashmir and the rest of India had been scrapped. Kashmiri leaders have been placed under house arrest. Communication and internet has been cut off. An indefinite curfew has been imposed on its people.
All these actions of the Indian Government came out of blue on one fine morning, without taking to the people of Jammu and Kashmir, or taking them into confidence. The governor too was kept in the dark. The Janata Dal United, which is a close ally of the ruling BJP, and other allies too were kept in the dark.
The bill revoking special status given to Jammu and Kashmir was passed in such a hurry by both the houses of parliament, without minimal discussion, and without consulting the leaders of J&K. President of India too was quick when giving assent to the bill. All these secrecy, speed and a total lack of consultation around this bill is bound to be challenged in the Supreme Court.
Voting on triple-talaq and UAPA bills, cutting across the party lines, may have boosted the confidence of the ruling BJP.
The idea came from a book by the former governor of J&K, “My frozen turbulence in Kashmir”, which advocated dilution of ‘Article 370’ through extensions of provisions of constitution.
The BJP and the Sangh parivar got advises from their A team comprising of Home Minister Amit Shah, National Security Advisor AJit Dovel, Union Home Secretory Rajive Gouba, Army Chief general Bipin Rawat, J&K Chief Secretary BVR Subramaniam, and the Chief of Intelligence’s plan, that paved the way for its implementation.
What this amendment means: it nullifies article 370, scraps article 35A, bifurcates the state into 2 union territories, splitting the sensitive border state into Laddakh, a UT directly ruled by the centre, and J&K into another with an assembly of its own like that of Delhi.
The special status is revoked and J&K will not have a separate flag or constitution of its own. Tenure of the assembly will be of 5 years instead of 6. Indian penal code will replace Ranbir penal code.
People from other states are now eligible to purchase land and properties in J&K and non-permanent residents can now become permanent residents. Outsiders can be employed in the state government and companies and people are now eligible for scholarships in state run institutions. RTI will be applicable in J&K.
The vital public order and police powers are not with J&K anymore. While Arvind Kajrival been demanding that Delhi police be brought under the state government, for J&K, those powers have been taken away.
The question is; what J&K had with article 370, and what has it gained/lost without it.
Going by Amit Shah’s argument, there was too much corruption in J&K, and 370 was a hindrance in the development of the state. Going by his argument, if dividing the state into union territory and reducing its powers is the key to reducing corruption, then it should be done to other states too, which has got similar provisions in the constitution.
Amit Shah says that Juggars and other backward class among J&K Muslims will benefit from reservations, which were not applicable in J&K. But will he provide similar reservations to Muslims in other states too? He also said that statehood will be brought to J&K after normalcy returns to the state? But what guarantees that removing of article 370 will bring back normalcy?
For Gulam Nabi Azad, this bill will be a black spot in the history of J&K.
Sajjad Lone stated it to be one of the darkest days he and his ancestors have seen. He said it’s a typical case of India betraying India in Kashmir.
Professor Fazan Mustafa, a constitutional expert, said that members should not get such little time to debate a serious issue in the parliament. He said by removing article 370, Kashmir, apart from losing special powers, does not even remain a state. How can it help in the development of the state when Police is not under the state.
Article 370 was a commitment to Raja Hari Singh, and it was a constitutional part of Kashmir, which gave it special status. By revoking it, the commitment was not honoured. During the years that followed, 45 amendments were made to article 370 by the Governors incorporating most of the Indian constitution.
Has the federal structure been breached? This can be one of the issues taken into the Supreme Court and challenged.
China has made its objections clear by saying that carrying Kashmir into Union territory was unacceptable. Chinese foreign ministry spoke person Hua Chunging gave a strong worded statement on Ladakh on Tuesday. She said “India has continued to undermine China’s territorial sovereignty by unilaterally changing its domestic law. Such practice is unacceptable and will not come into force.”
They urged India to “exercise prudence in words and deeds concerning the boundary question” and “strictly abide by relevant agreements concluded between the two sides”.
India replied by saying that Article 370 is an internal matter.
There is a dispute over Akasi Chin. There have been several intrusions due to non-demarcation of the line of actual control.
Pakistan’s Prime Minister Imran Khan said that he may approach UN Security Council, and is contemplating on how to take it to the International Court of Justice. He fears that there might be ethnic cleansing of local population in Kashmir. He also feared that there may be a war, which nobody is going to win, and its implications will be global.
Its peak tourist season in J&K, hotels expected to be in full occupancy, the main source of lively hood for Kashmir population. Terminating Amarnath Yathra before Nag Panchami, and a week before Eid, was a severe blow to J&K’s economy. Indian Government’s decision and timing sent shock waves across the state. What was the urgency?
From an international perspective; is Kashmir an internal issue, is it a bilateral issue between India and Pakistan, or a tri lateral issue between India, Pakistan and China, or an international issue in which UN is involved and is monitoring it since 1948?
Shimla agreement in 1971 has said that the boundaries in1948 is to be the line of control.
Atal Bihari Vajpayee went to Lahore, which was followed by Lahore declaration. All these milestones, agreements and declarations, make the J&K issue bilateral, and possibly international
Only after curfew is lifted, communication lines and internet is restored, the reaction of Kasmiri population and its leaders will be known.
As far as BJP is concern, some of its MLAs and party workers have made their intentions clear; that they want to marry fair and pretty girls of Kashmir, and buy property in that state. Some BJP workers have even gone to the extent of telling their co-workers to go and rape the women there. These statements throw some light on the intentions of removing article 370.
*Opinions expressed in this article are the author's own and do not necessarily reflect the views of UMMnews.
