Tuesday, May 02, 2006

 

Need to scrap Article 370 from the Indian Constitution

In the past 55 years, Pakistan has waged four wars, India winning all of them. Unable to capture J & K through war, Pakistan devised the operation Topac. The aim of the operation was to bleed India through thousand cuts. The Pakistan sponsored terrorism, since 1989, is literally bleeding India, leaving Jammu and Kashmir in total turmoil. More than 15000 civilians have been killed in the valley since 1990. More than 5000 people including women have been abducted during this period. The ethnic Kashmiri community has been cleansed from Kashmir by violent means. Pak trained militants have made the state of J&K a battleground. Extortion, rape and terrorism are continuing unabated even today. For example, on July 29th, 2005, in a pre dawn strike, militants killed five Hindus by slitting their throats after dragging them out of their hutments in a hamlet in Rajouri district of J&K. Every effort to bring back normalcy is being sabotaged. On July 22, 2005, four Pak based militant groups warned the Kashmiri migrants against their attempt to come back to the valley. They insisted that moderate faction of the Hurriyat can’t protect the Hindus. Even goodwill gestures of spiritual leaders are not being reciprocated. On Jun 28, 2005, Sri. Sri. Ravishankar went to Kashmir with the message of love and peace. Hurriyat hardliner Syed Ali Shah Geelani asked himto preach peace lessons to Indian Govt.


With Pakistan refusing to stop sponsoring terrorism, the only option left for J&K people is to integrate them with the rest of India. According to analysts, article 370, TEMPORARY PROVISIONS WITH RESPECT TO THE STATE OF JAMMU AND KASHMIR, of Indian constitution is the main obstacle in the process of integration. Article 370, was needed not to prove the legality of the accession, but only to have a temporary way to extend the provisions of the Constitution to Kashmir. But its continuation even after 55 long years, is nurturing secessionist tendency in Jammu and Kashmir and exposing Hindus and Sikhs to injustice and terrorism.


Under Article 370, except for Defense, Foreign Affairs and Communications, the Indian Parliament requires the State Government's concurrence for applying such laws to Jammu and Kashmir. For example, The Union Government enacted the Religious Institutions (Prevention of Misuse) Act, 1988. But article 370 prevented its applicability in J&K where it was required most. Financial emergency, emergency due to internal disturbances (terrorism) etc. cannot be declared by the Union Govt. unless state govt. gives its nod. Corrupt Governments of J&K have repeatedly shown their reluctance to people oriented policies. Though J & K is an integral part of India, even the President or Prime Minister of India cannot purchase land in the state. Moreover, though any person from J & K can reside and settle anywhere else in India, no person from the rest of the country can reside and settle in J & K because of Article 370. If a girl from J & K marries a person from some other state she will loose her right over the ancestral property.


Article 370 has provisions for its modifications. The President may by public notification, declare that this article shall cease to be operative, with the recommendation of the Constituent Assembly of the State. But the Constituent Assembly mentioned above was dissolved in 1957 and the clause is not operational. So, in essence, the parliament or the president has the power to modify the article 370. But, today, no political party is including abrogation of Article 370 in its agenda. Moreover, Congress says article 370 is our “solemn commitment’” to the people of J & K. Today’s polity is completely ignorant that Pandit Jawaharlal Nehru wanted the removal of the article at the earliest. Political parties are not realizing their role in solving the J&K problem. A strange notion is created among the people that this article is pro-Muslim and it is used to secure their block vote though article 370 offers absolutely nothing to the millions of Muslims of India, including those in Jammu and Kashmir. BJP’s insistence on the scrapping of the article, given that it has a pro Hindu image, might have contributed to this kind of notion. To summarize in one line: THE PROBLEM OF THE KASMIR DOES NOT LIE IN KASHMIR, NIETHER IN SRINAGAR, BUT IN DELHI.


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Need to scrap Article 370 from the Indian Constitution

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