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Separatists, unionists hate Indian Constitution, but not Articles 370, 35-A
Politics of convenience
12/11/2015 11:42:51 PM
Early Times Report
jammu, Dec 11: Contradictory is the approach of the "mainstream" Kashmiri leadership and separatists towards Indian Constitution. The Kashmiri parties like the National Conference and CPI-M and formations like People's Democratic Front and separatists of all shades of opinion, plus organizations like J&K High Court Bar Association, Kashmir, oppose tooth and nail the Indian Constitution, but oppose those in Jammu who want the Government of Indian to scrap Article 370 and 35-A of the same constitution.
The people of Jammu and Ladakh have all through opposed these Articles on the ground that they have denied them those rights and privileges which are available to their brethren in the rest of the country, as also on the ground that these Articles have harmed the national interest in the state. They have also all along held the view that their social, economic and political status in the state would have been completely different, had Jawaharlal and others of his ilk, at the behest of Kashmiri communal leaders like Sheikh Abdullah, not incorporated such Articles in the Indian Constitution.
Besides, they have consistently said that there are many social groups in the state - apart from refugees from Pakistan and minority communities like Sikh and Christian - which have suffered huge social, economic and political losses because of the application of these two laws to the solitary State of J&K. Some of them have also been asserting that these two Articles are the mothers of all ills facing the people of the state, Hindus, Muslims and Sikhs included, and virtually created a republic of J&K within the Indian republic.
On the other hand, Kashmiri leaders of all hues, "mainstream" leaders also included, consider these Article sacrosanct and warn that they would not allow any authority, not even the Supreme Court of India, to scrap these Articles. On Thursday, the J&K High Court Bar Association, Kashmir, even organized a seminar in Srinagar on the demand in some nationalist quarters seeking abrogation of these Articles. The seminar, among others, was also addressed by self-styled chairman of pro-Pakistan APHC-M Mirwaiz Umar Farooq. He challenged the Indian justice system and declared that no court in the country could pass any judgement on Article 370 or Article 35-A of the Indian Constitution.
"Let me put this on record Kashmir is a globally accepted dispute. No judiciary can intervene on the constitutional provisions of the state that are directly linked with the political dimension of the problem," he said, adding that the Supreme Court of India intervened in the "political issue of Jammu and Kashmir by admitting an appeal on Article 35-A".
Mirwaiz is a fool. He, like other Kashmiri separatists and "mainstream" Kashmiri leaders, should understand that Article 370 and Article 35-A are the creations of the Indian Parliament, the country's highest law-making body. It has the power to amend or scrap any Article of the Indian Constitution. The Indian Parliament has already amended and deleted many Articles.
How could Mirwaiz and others of his ilk oppose the Indian Constitution and support two of its Articles at the same time? But more than that, what has he to do with these Articles? After all, he wants his followers to become part of theocratic Pakistan.
The problem is that there is none in New Delhi who can call the Kashmiri bluff and put tings in perspective by making it loud and clear that J&K is an integral part of India and it cannot be granted separate status.
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