Prof P L Kaul
People of Jammu, Kashmir and Ladakh have already been in the past betrayed and deprived of their constitutional rights and development on account of Article 370 and 35-A, buy those who ruled the state for the past seven decades. The Congress Party left the Kashmir Problem hanging for 70 Years in its greed to protect its vote bank; as a result full economy potential of the regions and their rights could not be realized by the people of J&K and Ladakh. The State of J&K has always been known for disturbances, turmoil, dispute, terrorism and unrest, while the financial support from India was offered throughout the years, post independence. From Abdullahs Muftis to the separatist groups, all of them have been engaged in ensuring their seat of Power and fullfiling their vested interest, misrepresenting the situation of Kashmir on the National and International fronts, and using all measures to fabricate false stories to the people of J&K against India. These Power hungry politicians have pushed youth towards militancy, and have been misleading innocent people giving false impression about evil designs of Art.370 & 35-A that it should not be abolished.
It would be a misnomer to term 35-A as article of the Indian Constitution. It is not an article, it was a presidential order inserted in the appendix of Indian Constitution on May 14, 1954 and without taking the Parliament into confidence. It had been an invasion on Fundamental Rights of people of J&k, as such violated human rights and rights to equality. It retarded growth and gave strength to separatism. I have also written before on the ill effects of articles and urged its removal without any further delay. The provision empowering J&k State with special status of Article 370 has always been a bitter truth. Article 35-A gives the right and special privileges to employment, acquisition of immovable property, settlement, admission, right to receiving scholarship and other aids, vote entitlement, contesting assembly elections, and other benefits only to the permanent residents of J&k State, Whereas people who are not permanent resident of J&k State (Citizens from outside state) cannot get these rights which is a straight violation of fundamentals rights
The article had proved to be a road block on the complete integration of J&K State into the Union of India. It had been a rather instrumental in making J&K State, a Muslim majority state on the Indian territory. Majority community i.e. Muslims continued to take all the minority benefits illegally which was otherwise meant for Hindus, Sikhs, Buddhist, Christens, Jains of Jammu and Kashmir. This was a great violation of Fundamental rights of minorities. Dr. Shyama Prasad Mukherjee, founder president of Bhartiya Jana Sangh (BJS) showed his concern for Kashmir and ill effects of Article 370. He took a firm stand that special status granted to J&K would be a hurdle in total integration of state with rest of India. In fact seeds of abrogating the Article 370 were sown on the day when Dr. Mukherjee was jailed while crossing the Lakhanpur Bridge and his supreme sacrifice yielded fruits after long 70 years of struggle by Nationalist Forces. With the abrogation of Article 370, BJP Government has paid a real tribute to this great patriot.
Kashmiri Pandits leading the exiled life for the last 30 years are worst victims of the article 370 and 35-A. In 1989-90 exodus of entire original inhabitants and the indigenous Kashmiri Hindus, and Kashmiri Pandits numbering about 5.00 Lacs from valley by the separatists and anti-national elements from within and across the border had been a great tragedy and a long journey of turmoil and destructions which had shaken the foundation of Kasmiriyat and Sufi Culture it nourished for the centuries together. Ill effects of Articles 370 and 35-A have brought miseries and denied them their constitutional rights and benefits of central laws. Women married outside J&K State are the worst sufferers. Forced expulsion of KPs triggered by communal forces purely on religious grounds resulted in displacement of the community who went scattered and isolated in their own country. No leader of the Political party pitched voice in the Parliament nor any protest / Dharna outside it nor any legal luminaries took up their case with the court or the Govt on humanitarian grounds for meting out justice to them. It would be appropriate to use word internal displaced persons (IDP) instead of word migrant. Expulsion cannot be migration. They were subjected to willful humiliation lowering their respect and dignity. There were no serious attempts to bring about the return and rehabilitation of KPs with honor, respect and dignity along with full sense of security during the previous Governments. Prime Minister Narendra Modi’s assuring words in a gathering that “Kasmiryat demands that those Kashmiri Pandits who had to flee due to violence, leaving behind their homes, land and memories of their ancestors, they should be settled in their home land with full honour.” Hope has rekindled in Kashmiri Pandits that things will turn better now.
Article 35-A has not only deprived the daughters of J&K of their genuine rights, but also the west Pakistan refugees and Valmiki Samaj of their basic rights as citizens despite their successive generations living in the state. Since Article-370 ad 35-A has been an invasion on Fundamental Rights of People of J&K State for the last seven decades as such its removal had become necessary in the present set up of the Government for the betterment and development of Jammu Kashmir and Ladakh regions.
Modi and his BJP Government scrapped the blot of Article 370 and 35-A from the crown Jewel of Bharat Mata on August 5,2019 followed by bifurcation of state into Two Union Territories J&K and Ladakh, during its first Parliament session after winning an absolute majority, for a second time. This is historical moment to rejoice for Indians in general and all the citizens of the three regions including minority. They can enjoy their full rights similar to the citizens of other states of the country. Scrapping of special status of earst while state of J&K can be a stepping stone to peace and prosperity. It is now “one nation, one constitution.”This will install felling of unity amongst all the citizens and will open the doors for the private sector to invest in J&K and Ladakh which will in turn boost the economy and create the job opportunities and tourism.
Now with the abrogation of Article 37 and 35-A, people of J&k and Ladakh have decided to choose peace over war, development over politics and unity and harmony over everything else. These articles stood as hurdles in between the paths of development and deprived the people of their rights. Period of terrorism is almost over and it will be a beginning of new era of peace and prosperity in both the union territories. It will be a mile stone in maintaining the country’s unity and integrity.
Those predicting volcano, blood bath in J&K after abrogation of Article 370 and 35-A have fallen silent and nothing of that sort has happened and nor it will happen. This scrapping of Article has started a new beginning of “Naya Kashmir” towards the path of peace and progress. It is only Prime Minister Modi Ji’s BJP Government who gave a real freedom to people of J&K and Ladakh from discrimination and under development by removing article 370 and 35-A thus paving way towards the prosperity of all the three regions. With a new setup of the administration, local traditional sectors like Horticulture, Handicrafts, Tourism, Handloom, Animal Husbandry and Agriculture including education and health will get boost up, so that more employment is generated for the youth which will in turn bring peace, stability, development and happiness for the people of Jammu Kashmir and Ladakh. Centre is determined to implement citizen friendly central laws in the UTs of J&K and Ladakh so that full rights are enjoyed by the people who were deprived of these for the last 70 years.
(The author is an educationist)
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