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| “One place settlement and Abrogation of Article 370 is pre-condition for return of KP’s to Valley | | | Kundan Kashmiri
After fulfilling two commitments of "Agenda of Alliance" silently with PDP by ruling BJP at the centre, which include shifting of Indian army from vital places of Jammu, Kashmir and Ladakh and allowing Hurriyat and other separatists to hold talks with Pakistan, the return of displaced Kashmiri pundits to their previous locations or townships in the valley is third objective of ruling alliance of J&K state, which has again become topic of debate and discussion with in the Govt. circles as well as in KP community and others from the last one week.Though Govt. has not consulted actual sufferers and displaced people who have to return nor have given any serious though about repercussions and re-actions aftermath of their return to valley. The most vital requirement related to their return is security as displaced KP's in general do not still feel secure to live in the valley. It is not only physical security that is at stake, the important fact is adjustment in the new neighbourhood and with new generation which is brought up under gun culture and to whom they (KP's ) are not introduced at all, after their scary exodus more than two and a half decade back. It also lacks willingness of majority community of the valley to welcome KP's back, cutting across all shades of political & social opinions & threat of gun. Anti national demonstration, violence & hartals are going regularly on the call of pro-Pak & separatist forces as a part of their nefarious designs to separate Kashmir from India. Killing of civilians, cross border infiltration, disturbances in day to day life and shut down of schools etc. is a regular affair. Unjustified demands of separatist & so-called secularists of the valley like autonomy, self rule & Azadi which takeKashmir away from India and to which KP's don't subscribe is a bone of contention and main reason of differences between the two communities. No doubt by virtue of KP's return to Kashmir Valley two communities (Kashmiri Muslim and Kashmiri Hindus) could come physically close with each other, but mentally they would continue different ideologies as far as the Kashmir is concerned. KP's have left the Kashmir as they did not like to join the ranks & files of separatist against India and would not like to go back till the situation & atmosphere is totally indianized, anti Indian & pro-Pak virus is killed. KP's want to return valley in indianized atmosphere, having complete writ of Indian constitution. The forcible return of meek displaced KP's in Pro-Pak atmosphere would prove disastrous & succumbing of KP's to join their so-called movement under compiling circumstances cannot be ruled out. Another reason for unwillingness of KP's return is 85% of distress sale of their property, forcible occupation of their movable & im-movable properties. In previous time slogans in the valley like Hindu-Muslim-Sikh-itihad was back bone of the communal harmony, but now present scenario is totally different. Even nomenclature of religious places, like Shankra-Charya, Hariparbat, Anantnag & Srinagar and many other places got changed into Muslim names like Sulieman Teing, Kohimaran, Islamabad, Shar--e- Khas and so on.
KP's have been marginalized, isolate and ignored on all four fronts of political, economical, social and religious, when they have been law abiding citizens, not took law and order in their hands, not damaged govt. property or adopted any other violent means as compared youths in the valley. All though they (KP,s) have solid reason and logic to come on out roads and streets as they lost their homes, brothers, sisters and leaders who were brutally killed in the valley for having no fault of their,s and no action has been taken against their killers so for. They (KP's) have also been ignored in political re-presentation in the state assembly, its cabinet and in the parliament of India. They have been constantly less or more voting for all the MLA's of the valley, but none representing them in the assembly, that was reason KP's demanded at least three constituencies in exile and one seat in Raj Sabha to represent themselves there, till they would be rehabilitated in the valley as per their wishes and aspirations. Their temple and shrine bill for enactment of law to protect KP's religious property is lingering on in the state Assembly since long.
Another most important reason for denial to return valley by KP,s is that covert & overt dialogue is going on between India, Pakistan and separatists over Kashmir. All are expecting unique solution would come out from the dialogue. If so, what is hurry and advisability for displaced KP's community is to wait for the outcome of the said dialogue. Out of this dialogue if concession like autonomy, self rule or any other concession is granted to the people of the valley. Which will take Kashmir away, from India, then there is no logic for the KP's community to return to the valley.
Hence, the return of KP,s to consolidated place at the"LAND OF KASHYAP" (Kashmir Valley) with free flow of Indian constitution having institutional and constitutional guarantees and abrogation of the Article 370 is only viable solution of KP's resettlement which could also prove helpful in solving the so-called Kashmir issue.
Another vital demand of Kashmiri Pandits is abrogation of Articles 370 for which they have firm opinion that this Article was brought in force temporarily in the state of J&K, hence special status of J&K state was also temporary. The analysis of the said article has been based more on rhetoric & less on the actual nature of the article. "It is pertinent to underline the provisions incorporate in Article 370 that empowered the President of India to transfer the powers to the union of India with regard to such other subjects in the union list & the concurrent list of the seventh schedule of the Indian constitution, which the President specified with the concurrence of the state govt. & extend to the state the provisions of the constitution of India which were to be applied to the state with such modifications & expectations as the president of India would specify".
It is, therefore, ample clear that there is nothing in the above mentioned points that makes the act sacrosanct. The in-depth perusal of Article 370, clearly indicates that there are no limitations in terms of amending it. Thus, there is no hurdle in abrogation of the act, if the Indian parliament so desires. This Article 370 is responsible for insulating the state of J&K from the nation mainstream. It has become hurdle for private entrepreneurs & others of outside J&K state for industrialization & other development. The wrong interpretation of this Article as the guarantor of a state within the state is a falsification of the constitutional reality. This canard helped Muslim separatists & so-called secularist leaders & others of the J&K state to argue that the special status was given to maintain the states Muslim majority character. These wrong interpretations of Article 370 has created many fault lines that are now starring the nation in the face. It is strange case in the Indian constitutional history that weak Article has been given teeth by out of context connotations that are now posing challenge to J&K state to have in integral part of India. Kashmiri separatists & so called mainstream in the valley are using article 370 as a tool to propagate their communal agenda & subjecting non-Muslim minorities into servitude of the communal politics. The result has been demographic change in the entire state with the internal displacement of religious minorities, like Kashmiri pundits in 1989-90 & the consolidation of majoritarian communal pockets that fuel separatism. If the said Article would not have been in force in the state of J&K, the Hindus of the valley could not have been forced out of their homes & hearths as it happened because of being in minority. Abrogation of Article 370 was also commitment of First prime-minister of India in 1963 when Sh. Patel raised the issue. It is responsibility of Govt. of India, Nationalist forces as well as constitutional experts to interpret this temporary Article 370 in right perspective & the sense it was framed.
These Kashmiri leaders at one had neither like there fellow citizens of the country to settle in J&K nor allow Indian laws to get implemented in the state, but at the other hand they like to enjoy more freedom and privileged in the rest of the country. As they can travel across length & breadth of the country for jobs, can work & set up their business in any where in India, can construct houses & could study any where in the country. But an Indian citizen of rest of the country cannot do the same in the state of J&K. They (Kashmiri leaders) also at the same time ignore the fact that other part of theKashmir (POK) does not have such nature of Article restricting the people of Pakistan to settle in POK or stopping laws of PAK govt. to get implemented what these Kashmirileaders have to say for this all. Even certain portion of J&K territory has been given to china for which the said leaders of the Kashmir are silent, but harping for implementation of Article 370 in the state permanently and also trying to unsettle the settled issue ofKashmir.
Hence abrogation of Article 370 is pre--condition for return of Kashmiri Pandits to valley. |
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