ABROGATION OF ARTICLE 370

BIFURCATION OF JAMMU AND KASHMIR

[ DEARER OR MIRROR OF TERROR]

When the bill to bifurcate Jammu and Kashmir into two Union Territories namely Ladakh without a legislature, and Jammu and Kashmir with a legislature, abrogating the Article 370, was passed in Rajya Sabha, the whole nation is focussed on what the bill encompasses and what it brings to Kashmir and India.

To have a clear-cut view of the future history created today (5 August 2019), lets take a quick look at the history of Jammu and Kashmir

Why Article 370?

When India became independent, there were 565 princely states. The Bismarck of India persuaded many of them to accede to India. And there was Kashmir, then ruled by a king Hari Singh. He wanted Kashmir to be part of neither Pakistan nor India. But his calculations were different from that of fate. In 1947, Pakistan army urged the tribal people to wage a war against the Kashmiris. Hari had no other idea than to seek help from India’s Prime Minister Jawarharlal Nehru. Nehru came up with a pact by which, India will use its army to protect Kashmir against Pakistan if Kashmir becomes a part of India. After this, Hari Singh appointed Sheikh Abdullah as Prime Minister of J & K,(who headed ‘Jammu and Kashmir National Conference’). There were negotiations, and, special status was assured to Kashmir unlike other states of India.

What is Article 370 and Article 35A?

In 1948, Article 370 was added to the Indian Constitution under Part XXI,which deals with ‘Temporary, Transitional and Special provisions’ – provides significant autonomy for the Muslim majority State. In 1952, Rajendra Prasad added an extension Article 35A to Article 370, which assures special status to Kashmir people.

 

 

The difference between Article 370 and Article 35A is that, the former provides significant freedom and power to the state of Jammu and Kashmir. While the latter gives special benefits to the people of Jammu and Kashmir. Let’s see them in detail.

What does Article 370 state?

  • While every Indian state follows the Indian constitution, Jammu and Kashmir has its own constitution, along with Indian constitution.
  • If a bill is passed in both the houses of the parliament, it becomes a law to be followed by every state. But, at Jammu and Kashmir, it’s the call of the state government to enact a law, except in defence, foreign affairs, finance and communications.
  • It also permits Kashmir to have its own flag.
  • Law and Order comes under the State government.

What does Article 35A state?

  • This article empowered the Jammu and Kashmir Legislature to define the state’s ‘permanent residents’ and grant them special rights and privileges.
  • Only ‘permanent residents’ can buy property in Kashmir. None from somewhere on the earth, other than Kashmir can buy property in this ‘Paradise on Earth’. While Kashmir people can buy properties anywhere in India.
  • Government jobs in Kashmir are wholly reserved for its people.
  • The child of a ‘permanent resident’ Kashmiri woman,who marries a man, who is non-permanent resident or a non- Kashmiri, will not be a ‘permanent citizen’.
  • Those women can’t exercise their rights on properties.

What has happened now?

The government revoked Article 370 and hence Article 35A, which is an extension of Article 370. It backed it’s move, by claiming that ‘Article 370 was a temporary provision’. The state of Jammu and Kashmir has been bifurcated into two Union Territories, Ladakh, without a legislature, like Chandigarh and Jammu & Kashmir, with a legislature, like Pudhucherry and National Capital Territory of Delhi.

Why UT but not states?

Union Home Minister Amit Shah has issued a notification. According to which,

Ladakh was declared as a Union Territory, since “The Ladakh division has a large area but is sparsely populated with a very difficult terrain. There has been a long pending demand of people of Ladakh to give it a Union Territory status to enable them to realise their aspiration”.

Jammu and Kashmir was declared as a Union Territory, since “Keeping in view the internal security situation, fuelled by cross-border terrorism existing in the state of Jammu and Kashmir, a separate Union Territory has been created”.

 

What will happen?

Since, Article 370 is abrogated, no special status is given to J&K. Hence,

  • Anyone can buy and own property in Kashmir just like other parts of India.
  • Every law in the Indian Constitution is applicable to Kashmir now and there will not be a separate constitution.
  • There will not be a separate flag.
  • Women can claim their rights, even if they married non-permanent residents.
  • Law and order will be under the Central government, since Ladakh and Jammu & Kashmir have been declared as Union Territories.

“What you see and what you hear depends a great deal on where you are standing. It also depends on what sort of person you are.”
C.S. Lewis, The Magician’s Nephew

The ‘Paradise on Earth’ has become a hell for 80 years, since 1947.Abrogating Article 370 has got supporting and opposing voices all across the nation. But in Kashmir, majority of the people are not even aware of such a declaration, since all services like internet and mobile services have been limited.

Let’s hope Kashmir be made a paradise again, and not a terror ground.

 

Report By: Rajashree, CT, II year

 

Leave a Reply

Your email address will not be published. Required fields are marked *