The courageous and righteous
action taken by Narendra Modi-led NDA (National Democratic Alliance) government
by rendering Article 370 and Article 35A redundant and reorganising the state of
Jammu and Kashmir has received approbation from across India. Some negative
elements say that the matter should have been discussed further.
I have remained dedicated to
the study of Jammu and Kashmir, Pakistan and China for a decade and a half now.
In this time frame, I have written nearly 2000 articles on my area of study,
many pertaining to Article 370 and Article 35A.
I have also given scores of
lectures and participated in as many discussions across the country where these
legislations came up for dialogue and debate. Recently while speaking at the
Gujarat University, Ahmedabad and MS University, Vadodra, on the occasion of
Kargil Vijay Diwas, I emphatically rooted for the removal of Article 370 and
Article 35A from the Constitution. I did not know that the time for this
aspiration to come true was so near.
I have collated and given
below excerpts of 15 articles of mine written since 2013 in which I have made a
mention of Article 370 and Article 35A. These were uploaded on my blog www.defenseinfo.com and also carried by
many other publications. Now it is difficult to trace all the inputs, hence,
only my blog links have been incorporated in this paper.
This apart, I have written on
the subject for many publications, newspapers, magazines and books. The main
among these are the ‘Organiser’; ‘Indian Military Review’ and my book ‘Jammu
and Kashmir: The Tide Turns’.
Article 370 and Article 35A
formed an intrinsic part of the efforts towards creating awareness about Jammu
and Kashmir and subjecting the matter to a national debate. A study of these excerpts will give an idea of
the deep study carried out for years on end before the government reached to
the momentous decision to change the status-quo in the region. It will also
clearly establish the manner in which the decision making process progressed
from one stage to the other.
Those rooting for more debate
are either uninformed or merely playing to the gallery now that their very
rigid stand on the subject has been simply blown away. They had their chance
and failed to leverage the same; now, the die is cast and not too soon.
Article 370: How reality is overshadowed by myths (December, 14, 2013)
How is it that billion plus
citizens of this country are surviving happily without the provisions of Article 370 that seem to be a matter of
life and death for some political leaders of J&K? Is the rest of India
withering under political restriction simply because Article 370 is not applicable to them? The fact is that Article 370 does not give any such
facility to the people of J&K that can enhance their life in any manner.
There are, on the other hand,
many areas where Article 370 is
posing impediments in the progress of the state and its people. There are many
progressive legislations and provisions of the central government which cannot
be extended to J&K because they have not been legislated upon by the state
government. It is well known that Panches and Sarpanches in the
state are fighting for empowerment of the Panchayat’s which is not coming by
because 73rd and the 74th amendments to the Constitution
of India have not been extended to the state. More serious is the loss being
borne by the all important Scheduled Castes, Scheduled Tribes and Other
Backward Classes who are not availing the benefits of central schemes.
Article 370 Controversy: A storm in a teacup (May, 29, 2014)
Dr Jitendra Singh, Member of Parliament
from Udhampur, Jammu and Kashmir and Minister of State, Prime Minister’s Office
and Department of Personnel and Training (DoPT), during his interaction with
the media on taking charge of DoPT referred to Article 370 of the constitution that gives special status to the
state of Jammu and Kashmir. His comment evoked a sharp response from the ruling
National Conference (NC) and opposition Peoples Democratic Party (PDP), to
create an avoidable controversy.
The matter has since been
hotly debated on television and has been written about in newspapers and
websites. The overwhelming opinion is that there is absolutely no harm in
debating and discussing the status of Article
370.
Omar Abdullah says that Article 370 provides the constitutional
link between the Union of India and the state of Jammu and Kashmir. Many legal
luminaries and prominent citizens of the state, on the other hand, are
convinced that Article 370 was set
up as a temporary measure to implement the Indian Constitution fully in Jammu
and Kashmir. This line of thought logically concludes that Article 370 should have been repealed within six months after having
completed the constitutional obligation. The country is already behind time by seven
decades in this regard.
Many look upon the inability
to do away with Article 370 as a
failure of the political leadership at both the centre and the state level. The
economic and political loss that the people of the state suffer due to
continuation of the article far outweighs the preferential treatment that it
assures.
As things stand there are so
many national schemes that cannot be extended to the state due to the
limitations posed by Article 370.
Businesses suffers because people from the rest of the country cannot establish
infrastructure in the state. The socio-psychological divide created by the
statute negates integration of the youth of the state in other parts of the
country. The state is not accountable to the nation despite looking for
assistance all the time. The objective of every law and statute is betterment
of the people; if such betterment is not coming by, then legality cannot be
quoted as a reason for continuing with it.
There is a widespread
perception that those who misused the law and the constitutional situation to
establish a feudal cult in the state of Jammu and Kashmir are now worried about
their future, since a more representative and aware character is fast emerging.
When seen in this context the reaction of both NC and PDP reflects the
insecurity that they harbour on the subject.
Debate on Article 370 is gaining momentum (June, 28, 2014)
Prime Minister Narendra Modi,
during an election rally at Jammu in December 2013, sought debates and
discussions on Article 370. The
statement drew a stringent response from the Kashmir-based political parties.
The fact that seminars on the
subject are being arranged across the country indicates universal acceptance of
the proposal mooted by Prime Minister Narendra Modi.
Jugal Kishore gave an
impassioned narration on the manner in which Article 370, instead of connecting Jammu and Kashmir to India, is
creating walls and barriers. He reinforced his contention by explaining how the
legislation has stalled development, negatively impacted important parameters
like health and education and restricted political empowerment at the grass
roots level of Sarpanches and Panches.
Jagdeep Dhankar stressed on
the temporary nature of the Article 370 and narrated the manner in which the
first Prime Minister of India, Jawahar Lal Nehru, absented himself from
parliament when the legislation was passed and later attempted to put the blame
on Sardar Patel, all to please his good friend – Sheikh Abdullah. Jawaharlal
Nehru has gone on record to say that the Article would wither away in time
which, sadly, has not happened.
Instead of engaging in a
logical debate there are leaders who predict doomsday even if the Article is
mentioned. Chief Minister Omar Abdullah has, on his twitter handle, remarked,
“Mark my words & save this tweet- long after Modi Govt is a distant memory
J&K won’t be part of India or art 370 will still exist.” Mehbooba Mufti has
called upon the Prime Minister’s Office to clarify to “reassure the people of
Jammu and Kashmir that no mischief is on the way.” These are rhetorical statements that do not
pass the test of logic.
Kashmiris need to be masters of their own destiny (July, 19, 2014)
There are voices saying that
the impact of development funds sent to the valley is negligible. Whose fault
is it? The state government uses Article
370 to absolve itself of all accountability. The Right to Information route
is not followed in Kashmir to find out where the funds went? The poor people
are ignorant while the rich and mighty are in collusion; so how can the facts
emerge?
It is time to wrest the initiative from Pakistan (October, 03, 2014)
A loud and clear message should be sent to the terror recruits in Pakistan that they would face certain death while making an infiltration attempt. A fear psychosis should be created in their minds. At the same time the actual “legal aspects” should be communicated across the world; the fallacies surrounding the role of India Army in Jammu and Kashmir, Article 370 and state suppression etc should be exposed. The duplicity of the self serving supporters of foreign sponsored terror in Jammu and Kashmir should be laid bare.
A path-breaking political revolution on the cards in J&K (November, 11, 2014)
There are issues like the 1947
refugees still surviving without state recognition and colonisation of people
in Gilgit-Baltistan and Pakistan-Occupied Kashmir by the federal government of
Pakistan that are not being addressed in a serious manner. Organisations like
the Jammu and Kashmir Study Centre (JKSC) sponsored by the Sangh have been
creating awareness in the national capital region of Delhi and outwards in the
rest of India about the actual situation on ground and how it is being
negatively impacted by Article370.
Now the whole nation is looking forward to the complete and irrevocable
integration of Jammu and Kashmir within India. The divisive agenda of some
vested interests, maintained over decades for personal benefit, stands exposed.
Jammu and Kashmir: A reality check (January, 02, 2015)
There is talk about the
Kashmir leadership looking for assurances from the BJP on political issues
pertaining to Article 370, the Armed
Forces Special Powers Act (AFSPA) etc. There is one simple question to be asked
in this regard – if the PDP could have ruled while espousing the concept of
self rule, and the NC could have ruled while espousing the concept of autonomy
which are basically unconstitutional, why can the BJP not rule while espousing
the concept of abrogation of Article 370,
when the issue lies within the ambit of the Constitution of India?
Split-reunify-split: The Hurriyat drama goes on! (April, 22, 2015)
There is a second aspect to this reunification
drive also. The direction that the debate on Article 370 is taking has rattled the separatists to the extent
that they are now feeling the necessity to close ranks to meet the challenge. Earlier
debates on the issue would witness a huge salvo of political rhetoric by the
media savvy Kashmir-based political leadership of the state that would
overwhelm voices coming out from the Jammu and the Ladakh region. Now, the
voice from Jammu region advocating debate and discussion has become determined
and steadfast.
Article 35-A: A challenge to the Constitution of India (July, 11, 2015)
Jammu and
Kashmir Study Centre, a Delhi-based Think Tank engaged in the study about the
state of Jammu and Kashmir organised an interaction with some residents of the
state whose rights are being curtailed due to application of Article 35 A of the Indian Constitution
on the state. The interaction was
organised at the Constitution Club, New Delhi on 11th July, 2015.
Legal experts
now feel that a bigger damage to the spirit of the Indian Constitution is being
done by the provisions of Article 35A.
Article 35A, experts say, denies
residents of the State protection under various Articles, including Article 14
(equality), Article 15 (prohibition of discrimination on basis of religion,
caste, race or place of birth), Article 16 (Equality of opportunity in matters of
public employment and reservations), the fundamental rights under Article 19
including the right to free speech and the right to life and liberty under
Article 21. The victims of this draconian statute are of the opinion that there
is no place in democratic India for such provisions that actively curb the
rights and privileges’ of the citizens of the country. There exists every
reason to do away with them.
MK Narayanan pays back to Congress at the cost of Kashmiris (June, 02, 2016)
Mr. Narayanan goes on to denounce the present government as being in “denial mode”
and unable to grasp the “Gravity of the situation” in Kashmir, which according
to him is the result of the BJP policy of “the centrality of Article 370 and the erosion of the
special status in Kashmir.” This is a falsity!! Yes, there is a well defined movement to
create awareness about the legal and political aspects of Article 370 and the manner in which it is harming rather than
benefitting the people of the state. Surely, there is nothing wrong in creating
such awareness.
It is time for the people of Kashmir to introspect (September, 03, 2016)
They do not pause to think
that, in the very same India and without Article
370 or some other special status, their contemporaries are moving forward
at a frenetic pace. They do not realise that they can also do so and better if
they would only concentrate on their studies.
Article 35A: Myths versus Reality (August, 22, 2018)
The basic fault
line that Article 370 and 35A have elicited is the uneven distribution of constituencies. Sheikh Abdullah assisted by
his brutal majority engineered that warped formation of constituencies which
favoured the Kashmir Valley and left Jammu and Ladakh region bereft of a
political status commensurate to their geographic and demographic strength. Jammu
has a bigger area and equal population as compared to the Kashmir Valley and
Ladakh has a bigger area than both Jammu and Kashmir, yet, the legislative
constituencies are such that maximum strength in the legislative assembly comes
from the Kashmir Valley. Successive Kashmir-centric governments are
steamrolling all efforts to carry out a long overdue delimitation of the
constituencies and this is being done under protection of Article 35A and
Article 370.
There are many benefits that the people of India enjoy due to development initiatives of the central government that are denied to the people of Jammu and Kashmir due to restrictive legislations like Article 35A and Article 370. A good example is of Other Backward Classes (OBCs) who get 27% reservation in the whole of India except the state of Jammu and Kashmir where they have not even been identified because the empowering legislation has not been extended to the state.
Elections herald hope and opportunity (Organiser, April, 16, 2019)
The
campaigning, sadly, is following the well trodden path of negativity. Political
parties are more engrossed in deriding each other. The main agendas put forth
are political issues like status of Article
370, Article 35A and AFSPA that have limited relevance for the day to day
life of the common man. Small parties with limited
popular reach are at each other’s throats. Each is renouncing the other as self
serving and opportunist. In effect, this implies that all are self serving and
opportunist. Only BJP is placing its campaign on issues of development and
security that are most important for the people who wish nothing more than to
lead a normal life.
Jammu and Kashmir: Show the door to the I, me, myself leadership (30 April 2019)
The endless debates on Article 370, Article 35A, AFSPA et
al are not what will help the region and its people to evolve. These are
subjects that are of interest to only a few who leverage them for political
gains. What is going to help is a strong government that can root out the
endemic corruption that is eating into the very fabric of the state. A
government that can propel the state to its rightful place in the development
index with modern forward looking economic policies; a government that can
boast more about its own achievements than indulge in a blame game with the
centre.
