Sunday 1 June 2014

Article 370-A curse.

The father of Indian constitution, with utter disappointment and resentment remarked” You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it”. These words truly exhibit the fury engraved in his heart. But do you know on which issue Dr B.R. Ambedkar proclaimed this statement? He averred this statement on the issue of Article 370, the issue that dismayed his more than anything else, even more than the issue of casteism prevalent in Indian subcontinent at that time in the history.
Article 370 continues to be a menace for the whole nation. Just due to this article, there are continuous terror strikes, revolts by separatists and ultimately leading to perturbation and exploitation of the people of the valley. Various authorities like the Central Government, Indian military etc. continue to be feckless in safeguarding the people of the valley just due to this reprehensible act. Kashmiris continue to suffer from insurgency of Pakistani terrorists just due to this act. Unfortunately Kashmir continues to be viewed separately from India just due to this act. So can this act be considered as a tool for the empowerment of Kashmir? I strongly oppose such a notion.
Today the whole nation is undergoing a heated debate, on whether the Article 370 should be revoked or not and I believe that the whole nation except some non-secular and anti- Indian forces, wants its revocation. When the Modi government rolled out its vision of abrogating the Article 370, political parties of Kashmir with its heads (Omar Abdullah and Mehbooba Mufti) and even the Indian National Congress tried to defame the Modi government and Mr. Omar Abdullah, Chief Minister of Jammu and Kashmir, even went on to threaten of dire consequences involving Kashmir separating away of Kashmir. Isn’t that ridiculous that a Chief Minister comes and threatens the Central Government that if it doesn’t comply their demands, then he or she will just segregate their state out of Indian union? But according to me it’s not Mr Abdullah’s fault. He is there in a dilemma. A dilemma whether the Kashmir is his parental state or the Act his parental property. So let me clear out his dilemma, Mr Abdullah has no ownership of the state but yes this despicable Article 370 is his parental act, whose main player was his own grandfather Mr Sheikh Abdullah.
To unravel the Article 370, first of all we need to understand its making.
Article 370 is a brain child of Sheikh Abdullah in which he tricked the former Prime Minister of India Pandit Jawahar Lal Nehru.
After India got independence from British rule, all the princely states had with them three choices. The three choices include- Union with Pakistan, Union with India or becoming a sovereign state. At that time more than 565 princely states assimilated in India but Kashmir continued to dodge the proposal to unify with India in a dream to become a sovereign state. But then in no time, Pakistani troupes attacked Kashmir. Rattled by the sudden assault by the Pakistani army, Maharaja of Kashmir agreed to sign the instrument of accession on the condition that India will protect it from Pakistani army. India fulfilled its promise and made the Pakistani insurgents recede out of the valley. After that came Sheikh Abdullah. In order to prevent Kashmir from becoming an integral part of India, Sheikh Abdullah played a strategic trick in which he proposed that Kashmir was still not ready to become a part of India because one third of the Kashmiris had their occupations in Pakistan and also referred to the situation of distress in the valley at that time and this finally led to the creation of the article 370.


Sheikh Abdullah played a huge role in the framing of Article 370 and at that time Pandit Jawahar Lal Nehru also gave him the authority to draft the article. Very much unfortunately Sheikh Abdullah also included a very mean act in the article, which said that the said article can’t be revoked until and unless the revocation gets the concurrence of Jammu and Kashmir assembly. When the text of Article 370 was finalised, Pt. Nehru induced Gopalaswamy Ayyangar, IAS officer, in the process, as a minister without portfolio to help the Prime Minister deal with the Kashmiri portfolio and get it passed in the Parliament of the nation.


The article met with hugely bolstered opposition in the parliament of India. Many prominent leaders opposed it tooth and nail but at last Mr. Nehru asked Sardar Patel to do something and then Sardar Patel, despite of his own disliking of Article 370, convinced all the leaders to vote in support of the article and unfortunately this article was included in the constitution. But even after its induction many leaders continued to loathe the article. This is evident from the fact that Dr. B.R. Ambedkar even refused to debate on the article 370.
At that time Jawaharlal Nehru promised the nation that the Article 370 was a temporary act and will be abolished after some time but the article continues to hinder the Kashmir from becoming a part of India even after 60 years. What can be more shameful than that?


Today all the problems in Kashmir valley continue to take place just due to this act only. Kashmir continues to be a hotspot of terrorist activities just due to this act and still now some people are against the debilitation of this act.
According to article 370, the Central Government can make laws only with concurrence of the State government, practically giving it the Veto power. Article 352 and 360 for declaration of national and financial emergency respectively cannot be applied in the valley of Kashmir just due to the existence of Article 370.


While a citizen of India has only Indian citizenship, Jammu and Kashmir citizens have two citizenships.

 Anti-Defection Law is not applicable to Jammy and Kashmir. No outsider can buy property in J&K state.

The beneficial laws such as Wealth Tax, Gift Tax & Urban Land Ceiling Act and intermarriage with other Indian nationals do not operate in J&K State. Even Article 356 under which President of India can impose his rule in any state cannot be enforced in J&K without consent of the Governor who himself is an appointee of the President.

State of J&K can refuse building of any cantonment on any site or refuse to allot land for defence purposes.

All these things continue to exacerbate the condition of valley and abetting the terrorists as well as other anti-nationalists forces operate in the state. Just due to this act, our Kashmiri brothers and sisters are not safe in their own state. Insurgents continue to cut a swathe through the valley just due to this law. Pakistan continues to exert its rights on the state just due to this act. The act which was temporarily made has now been transformed to a permanent one by various people just for political gains.

What’s more is that Kashmir continues to viewed as a separated state from India in the eyes of international community just due to this act.

Article 370 should met with completely antagonistic stance by those who love their motherland and those who consider Kashmir as an integral part of the nation while those who try to take advantage of this act just for their political gains should realise the fact that motherland is greater than any politics or position.

Jai Hind, Jai Bharat

Jai Ma Bharti

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