Article 370: The Profound Facts

By: Adarsh Khuntia
This article was submitted as an entry for the Literary and Artistic Competition organised by Lawctopus on Article 370.

The Kashmir Issue

India witnessed freedom from the periods of torture and exaggeration from the British rule on the midnight of 14th August 1947. It woke to celebrate the new sunlight of freedom and independence on 15th august,1947 with hands tied behind due to desertions and killings of thousands of innocents due to partition and still conflicted with the territorial dispute of Kashmir and its inclusion into India.

It was the aftermath of independence flavour been tasted by Indians the then home minister of India Sardar Vallabhbhai Patel was in the task of uniting the beads of princely states of India into one string of India.

It was a nail-biting task as no one would agree to question their independent freedom but the iron man with his stature of organizing and responsiveness and calmness he succeeds to work out his task well. But likely said when you plan a better thing you have to suffer.

The real ailment came when both the rulers of Kashmir and Hyderabad abandoned the scheme and dumped the initial idea to sign on the treaty due to some considerations and negotiations finally came the operation polo in which the ironman successfully inculcated Hyderabad into India. But still, the headache remained with Kashmir as the issue intervened by the then prime minister of India.

Nehru in order to hold the authority of the region came with the idea to have some special benefits to region and got in pact the deal with the then king of Jammu and Kashmir Raja Hari Singh who was in confusion over the rush behind whether he has to go with India or Pakistan or else stay back independently.

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Then there was a call from different states of India to have a representative in the parliament to have ink down the constitution of the newly formed independent, sovereign and united India.

There the representative from Kashmir decided to have a special clause in the constitution in order to have a special constitution and rules for the Kashmiris as it has been the region of conflict for many years and even the fact could not be decided at the United nations and hence named the disputed territory.

Finally with the nod from everyone article 370 and article 35(A) of the Indian constitution were made provisional to subject the jurisdiction of the land of Kashmir to be uphold by the state and no people of the state of Kashmir are to be forced to follow the laws and rules applicable to a normal Indian citizen.

As a representative of the state, Sheikh Abdullah was consulted. He got his partial prejudices for India and still negotiated with the then prime minister of Pakistan Muhammad Ali Jinnah as per duty to have hearings of both sides in order to have a better procurement of the matter.

The negotiation remained unsolved due to the death of our first prime minister Jawaharlal Nehru. With his death, the negotiation winded up with his ashes and some parts of Jammu and Kashmir went to Pakistan named Pakistan occupied Kashmir and the other left out part remained back with India with special provisions and regulations.

The War Between India And Pakistan And Intervention Of China

China has also attacked got a part for himself as will named as ‘Aksai Chin’ after the Sino-Indian war in 1962 along with that same war in Arunachal Pradesh. Coming back to Indo-Pak war there were 4 of them all of which was own by India. The first war was in 1947-1948 fought over Kashmir. Again 1972 India and Pakistan went to war which was considered the largest war after world war due to the use of armoured vehicles from both sides.

This war finally ended after diplomatic intervention by the USA and USSR. Again in 1971, both armies went head-on war as ‘East Pakistan’ a part of Pakistan rebelled against ‘West Pakistan’. India backed East Pakistan and started providing support to rebels. After which both the Asian countries have gone third head-on war. Though both USSR and China used to be an ally but their relations detained due to conflict.

The USA sided with China. As the war broke out, Pakistan called upon its allies and the UK and USA. Both USA and UK sent their own naval ships including submarines which have nuclear warheads.

Indian intelligence realized this and decided to ask USSR for help. USSR was bound to help India under the peace treaty signed both these countries. USSR launched its ships carrying nuclear warheads. Soon ships of both USSR and India was prepared to fight and takedown.

As the seemingly nuclear war inevitable USA and UK took a wise decision and decided to back down. India after which had successfully liberated Bangladesh. This had led to give Pakistan a strong message which means “You have cut our hand (Bangladesh), we will cut our head (Jammu and Kashmir).

In 1999 again India went to war with Pakistan for the fourth time after Pakistani soldiers took over Kargil. India successfully pushed back Pakistani troops.

So from above, it is quite clear that Pakistan is one of the main conflict areas. But after BJP led NDA coalition won in 2014, there were rebels in Kashmir. Some sources claimed that they were backed Pakistan. But the main blow from India came in August 2019 after it was declared that Article 370 and 35A have been removed.

Jammu and Kashmir and Ladakh were declared as Union Territory where the former will have own legislation and later could be under the central government. Also, this provision of  Jammu and Kashmir will be temporary while that of Ladakh is permanent.

This lead Pakistan to a state of shock. Pakistan asked for help to many countries but the only thing which Pakistan received was a disappointment. China said that though they were not happy they also suggested that both India and Pakistan should solve this through bilateral talks. Some people have compared this to Israel-Palestine conflict where Kashmir is Palestine that India has taken over. Though there was no large conflict till now due to governments preparation we should hope that it should over without any bloodshed.

The Scrapping Out Of 370 And Backstage Works Behind It

The recent RSS backed Narendra Modi Government has planned it so nicely that anyone could admire of. After the formation of NDA backed Narendra Modi Govt. got power in the centre it backed the idea of abolishing the special state status of J&K and for it, they got nice plans backup by considering all solemnity of the state.

They first backed the local regional party PDP in order to help Mufti Mohammad Sayeed to be the chief minister of the state and later on Mehbooba Mufti followed the stage to be the chief minister. The BJP backed it until the nearing of general elections of 2019. Prior to somedays before that, some internal crisis broke up in the state.

BJP backlashed the stance of GOVT. related to Pulwama attacks and removed support to the PDP in the assembly. It resulted in the action of President`s rule in the state under article 356 of the Indian constitution.

After the huge victory of BJP in the recently concluded General elections of India, it planned to back the idea dreamt by their leaders since the enactment of the law. Under the article 356 and under the clause 356 of Indian constitution in order to have a change related to the particular region the authority has to give nod and as the assembly was suspended due to violations of law and order President`s nod agrees to have a permissible change in the rules affecting the people of the area.

The way the bill was passed in the parliament was particularly undemocratic. In a democracy the GOVT.  Has to work accordingly for the people and responsible for the people and work in the rights of the people but none of these stones was overturned in the manner the matter was dealt and passed.

In democratic form, it has to be passed under article 238 clause (3)  as the bill has to get the nod of the parliament in order to be discussed in Lok sabha.

If the assembly is not in functioning then the local leaders are to be consulted properly in order to have views of people and the local members of Parliament. But in here nor the Parliament was functioning neither the local leaders concerned all was done in order to have an instant impact.

Article 370 was scrapped out of constitution along with 35(A) and instead, J&K has separated apart in 2 parts and those 2 were also union territories named J&K and Ladakh.

J&K with constituent assembly and Ladakh without constituent assembly. This is done in order to have proper supremacy of power in the region as police and other security forces would be in direct control of the state.

A great act came in the most threatening way to the democratic proclamation of our country. All local leaders including Mehbooba Mufti and Farooq Abdullah and Omar Abdullah were put under house arrest and later some even forwarded to jail in defence of their opposition to the enactment of the bill and scrapping out of the older one.

During the proceeding in parliament also many opposition leaders staged a protest and even walked out of the hall in protest but all in vain. The home minister of India Amit Shah Ji made it all possible without the concern about the opposition as for them the no. of opposition doesn`t matter.

But the thing matters is that IS INDIA STILL DEMOCRATIC? On one side people are rejoicing the abolition of those special laws as now everyone is equal in the country.

Anyone can now buy land in Kashmir and all the subsidies of Kashmir were also struck off. But what about those who are secured with their life in Kashmir? What about those who were habituated with the reservations enjoyed by them? How many curfews still left to take place there? How many will still be arrested who are protesting against?

When will the again law and order situation fall back to normalcy there? How many innocents still remain to be suppressed? How long will families remain there without contact with the members who are staying outside Kashmir?

All this is to be answered.

The essay published does not reflect the views of Lawctopus.

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