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| Art.370 The unfinished task of Pt. Nehru Accomplished | | |
Yajin Bhatt
As per Kalhans Rajtarangni a mid-12th century text on Kashmir, Kashmir was originally a lake called "Satisar". Since it was drained by sage Kashapa, so the valley got its initial name as Kashyappura, which ultimately became Kashmir. Until 16th century Kashmir was a great learning center with its origin at Sharda Peth present days POJK. Thereafter, Pashtoon Durani empire ruled Kashmir till 1819. After that Sikh ruler Maharaja Ranjit Singh gained control over the entire region. following the first Anglo Sikh war (1845 to 1846) Kashmir was annexed under the treaty of Lahore to east India company. Under this treaty the entire Sikh empire was transferred to Gulab Singh, who took the title of Maharaja of Jammu & Kashmir. Till 1947 in the wake of Partition of India, Kashmir was ruled by the maharajas of the Princely state of Kashmir & Jammu. When the British rule ended in 1947 with the creation of two new states that is Pakistan & union of India then Maharaja Hari Singh of J&K and other rulers of Indian states were thereafter left to choose either of the two nations or to remain independent. At this point of time, Maharaja Hari Singh was in the confused state because accession to Pakistan would make Hindus & Sikh vulnerable at the hands of Pakistan and accession with India would not be acceptable to Majority community.
Ramchandra Kak the then Prime minister of J&K had a natural inclination towards accession to india, was dismissed for the same reason on 11th Aug 1947. The decision of Maharaja to go with India after signing the instrument of accession, was followed by innumerable upheavals for the state. At one end huge number of Majority populations migrated from Jammu division towards west Pakistan & much larger Hindu population moved into Jammu. The Muslim league agents from Pakistan clandestinely worked in Poonch to encourage the local majoritys for an armed revolt in the garb of economic grievances.
The rebel forces in the western districts of Jammu got organized under the leadership of Sardar Ibrahim. They took control of most of the western part of state by 22nd oct 1947. On 24th oct they formed provisional Azad Kashmir. On 26 oct 1947 to gain confidence of Jawaher Lal Nehru then PM of India, Maharaja Harisingh had to concede the demands of Nehru like the release of Sheikh Abdullah from the prison and to facilitate his involvement in the functioning of the state Govt. before any further reforms were implemented. The Pak tribal invasion forced Harisingh to sign the instrument of Accession on 26th Oct 1947. This was accepted by the governor general Lord Mountbatten on the next day. It was the provisional accession & National conference, the largest political party in state headed by Sheikh M Abdullah endorsed the accession. Then the Indian forces entered Srinagar and secured Kashmir from rebel forces.
Almost two years later, In November 1949 the Indian constituent assembly drafted article 370 which granted autonomous status to the state of J&K just to reinforce the states accession to Indian union. This article specified that except communication, defense, Foreign affairs and currency there would be no interference regarding the governance of state by central govt. it also became basis for other privileges like restricting people from outside state to buy any immovable property or claim right to employment. However, this article was meant to be temporary in nature, to be ratified by states constituent assembly. Gradually this Article became the practice both with people & administration. For many years no efforts were made by any state legislative assembly to scrap or even dilute it.
On 21st nov 1964 the articles 356 &357 of the Indian constitution were extended to the state. According to this the central govt. can assume the govt of the state and exercise its legislative powers. on 24th nov 1964 J&K assembly also passed a constitutional amendment, changing the elected post of Sadr-e -Riyasat to centrally nominated post of Governor and renaming PM to CM.
Right from the day one of partition, Pakistani administrators created a great hindrance for the smooth functioning of Govt of India vis-à-vis its role in J&K. post 1947, the indoPak wars of 1962 and 1965 was its foremost example wherein Indian troops inflicted heavy defeat on Pakistan. In 1966 Kashmiri nationalist Amanullha khan, Maqbool bhat along with Hashim Quareshi formed plebiscite front in POJK with an armed wing called National Liberation front, to liberate J&K from India and later same front was renamed as JKLF.
The 1971 war which became basis for formation of Bangladesh, the then PM Indira Gandhi turned Kashmir into a bilateral issue through Shimla accord. Presuming that Pak will not raise the Kashmir word here after. In 1975, Mrs Gandhi stroke a deal with Sheikh Abdullah called Indira-Sheikh accord in which the demands for plebiscite was given up in Lieu of self-rule for a democratically elected govt. As a result mid term elections were called in 1977 which are regarded as first free and fair elections of J&K. During 1983 assembly election Indira Gandhi campaigned aggressively on the plank of resettlement bill. National Conference allied with Mirwaiz Moulvi Mohd Farooq charged that states autonomy has been errored by successive congress govts. As a mark of protest against her the NC workers shamed her by standing naked in front of her, shouting anti congress and anti-India slogans.
On the other side of the border after 1971 defeat Paks military gen Ziya trained Jihadi's to launch low-cost war on Kashmir. The slow poisoning of Kashmiri masses and their soft corner for Pakistan both were fully utilized by Pak against the govt of India. Which again showed its manifestation in 1986 in Hindu riots in Anantnag dist. Of valley, which resulted in damage of ancient temples, Hindu houses, shops and other establishments. This was just the trailer, but the climax was yet to come when in 1989 widespread popular and armed insurgency started, rendering five lakh Kashmiri Hindus refugees in their own land. It took enormous efforts by the then Narsimharao Govt. and J&K governor Jagmohan to recover Kashmir, although partially. The secular Indian establishment hid its helplessness to take on militancy and repeatedly glorified Art 370 as the only hope to retain Kashmir with India. Hurriyat made mockery of it and repeatedly blackmailed New Delhi. In 2008 pro separatist leader Mirwaiz Umar Farooq told Washington post that what is going on in Kashmir is the backlash of 1987 election, which were completely rigged by the state govt. thereby shaking the faith of common man on the electoral process.
As rightly said better late than never, this axiom hold perfectly apt for the Art 370 & 35A when on 5th Aug 2019 @ 11am Home minister Mr Amit Shah declared amidst chaos and thumping that the Art.370 has been scrapped. This kept me guessing for a long time as ultimately what PM Modi with 56-inch broad chest is up to? As far as my knowledge of Kashmir history goes exactly 56 years ago in 1963 the then PM JL Nehru had declared that this Art.370 will get eroded with the passage of time. Nehru's colleague the then Home minister Mr G L nanda told parliament "Art.370 is nothing more than a shell emptied of its contents." Therefore scrapping of this article is not only the fulfilment of BjP's electoral manifesto or a mile stone achieved in their governance but most importantly it is the tribute to those soldiers who sacrifice their lives to keep J&K integrated to India be it in wars or during insurgency. It is the tribute to the father of constitution Dr B R Ambedkar who had severe reservation against this article. It is also the homage to Shamaprasad Mukherjee's life which he sacrificed for his country & countrymen. Nevertheless, somewhere from the heavens Pt Nehru's soul will surely rest in peace for unfinished task of scrapping of Art 370 which has been ultimately accomplished not by INC but by BJP under the leadership of Modi & Shah.
While navigating the details of recent past minutely, one could gather that the strategy behind the coalition between BJP & PDP was the initial nail in the coffin of this Article, otherwise there was no point wherein BJP would like to join hands with the political party ideologically poles apart as well as having the separatist inclination. The modern-day Chanakya Mr Amit shah used this opportunity of govt formation not to get glued to power like any other regional party but to study the mindset of local administration, local people the Jihadi infested youth and various other political aspects. Right from that very moment he had made up his mind and chalked out the strategic plan to do away with Art 370 and delimitation of the state. There is no denying the fact that Kasmir's inclination towards Pak goes way back to partition and the govts in past used Art 370 as a symbol of Kashmiryat and a mode of appeasement to Keep majority Majority population adhere to the mainstream but alas! It never happened. So much so, that during Sheikhs regime, every time he would address any public gathering his deputy Mir Afzal baig would always have rock salt called Pakistani salt in local language in his left hand and a green flag in his right hand to keep Pakistani sentiments alive in the hearts of people of Kashmir. Because of Art370 the people of J&K were, till its scrapping untouched by different levies and taxes as far electricity, water and other facilities are concerned for which a normal Indian citizen has to pay a hefty amount. In the regimes changing from Bakshi G.Mohd. , Mir Qasim, GM Shah till recent, one slogan that would make rounds & rounds in the public regarding this article was that "Fazi hund izat treh hath stath Chon izat izat treh hath stath Myon izat treh hath stath " means 370 is the respect of each Kashmiri.
Art370 was misconstrued as a bridge between people of J&K and GoI but the fact remains that because of this constitutional blunder the J&K especially valley was suffering from alienation and the insurgency which it is facing even today. Almost one lakh people have lost their lives in the past 30 years. The Islamic fundamentalism has remained uninterrupted right from 1931.
The scrapping of Art370 certainly will not be a cakewalk for the present Modi Govt. Although the entire state especially valley in under the siege of armed forces and curfew is imposed the repercussion could be massive. A massive phase of turmoil is anticipated for which GoI should remain ready. Because everyone knows "when a dog loses its bone it not only barks but also starts biting" similar is the situation there. The main stream leaders of NC, INC, PDP and separatists leaders of Hurriyat all are singing the tune of pak. These people with green flag &rock salt attitude on one hand & Indian appeasement on the other hand could hardly digest and accept the abrogation move taken up by Modi, Shah Doval Trio. As per sources once the Eid festival is over, these antisocial elements are surely going launch some massive steps showing their anguish and angst over scraping of Art370 in the form of mass resignation from govt. employee, creating unrest in all the 10 districts of Valley. So much so that even local forces may join these elements against the central govt. the lawmakers from valley are already spitting venom at every possible forum against this move.
As for as people of the valley are concerned, one thing is but for sure that abrogation of Art370 will prove to be a boon for the entire state. First of all Majoritys from UP Bihar and other parts of country, who have already performed marriages in Kashmir, traders from these states, Moulvis and Quazis who have establish huge number of Madrassas in past three decades here, will automatically become permanent resident of J&K. Masons, carpenters, Puncture walla and Barbers like helpers from outside who are residing in the valley in good numbers will also yield its benefits. Scraping Art370 is surely going to do better than harm to the majority residents because the Majority population is surely going to surge with this move. As far as people from other faith are concerned, they have always been peace loving, confined to their work, be that trade or any other profession etc. they always try to remain away from any conflict. Simple example that Hindus from Jammu have hardly shown any interest in any kind of investment in valley even if they were never barred by Art370. Before taking up arms or adopting a violent means of protest, they should understand that its out of their Jihadi inspiration and Islamic fundamentalism that they could withstand the effects of Bandhs & strikes impairing their trade business education from 1989 to 2004 and could bear the burnt of this phase even by losing the lives of their near & dear ones. Contrary to it the Hindu population could hardly resist such situation. So, without worrying further and without getting trapped in the vicious net of anti-social elements I appeal to one & all to embrace this new phase of their life with hope, positivity and prosperity. |
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