IRRELEVANCE OF ARTICLE 370 IN THE CURRENT ENVIRONMENT
Article 370 has been a much debated topic in the valley & around the world. There have been countless people who have shared their opinion on this matter time and again, creating conflicts and up surging the masses to create instability in the region. However, is all the debate and protest surrounding Article 370 justifiable? Has it improved the lives of the local populace since its inception? Is it relevant in today’s world? These are some of the things which require to be pondered upon. When we take a look at history The State of J&K became part of India as per the Instrument of Accession signed on the 26th of October, 1947. When the Constitution of India was being framed, the Maharaja of J&K proclaimed on November 25, 1949, “That the Constitution of India shortly will be adopted by the Constituent Assembly of India insofar as it is applicable to the State of J&K, govern the constitutional relationship between the state and the contemplated Union of India and shall be enforced in this State by me, my heirs and successors in accordance with the tenor of its provision; that the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other provisions inconsistent therewith which are at present in force in the State.” As per the proclamation it was clear that there would not be any pre existing conditions from Sheikh Abdullah, the then prime minister or the Maharaja of J&K, when J&K acceded to India. Then what made article 370 be added to the Indian constitution? It is believed that Sheikh Abdullah post November 1949 convinced Pandit Nehru, that in order to preserve the culture and traditions of the state and several other tribal regions, it is important that special status be given. However, when viewed strategically in today’s time as to its relevance, this factor has been responsible for the delay in integration of the region with rest of India. Article 370 was meant to be a temporary provision to cater for the troubled times soon after independence. It was introduced mainly to bring about political stability in the region and to depict a secular image of a new nation which was born in 1947. The main aim was to gradually integrate the people of the region with India. However as time passed vested interest within J&K and political parties from outside ensured its continued existence to appease the vote bank for personal gains, not sparing a though about the damage it would have on the unity and integrity of the nation. To begin with the Article 370 has created deep emotional and psychological barriers between the Kashmiri people and rest of India, driving a sense of separatism. The separatist lobby over a period of time have used this barrier to create a alienation mind-set among the populace. This is one of the main reasons driving the militancy movement in the valley. Pakistan and other nefarious elements of the valley have exploited this very fact to mock the India being one concept from Kashmir to Kanyakumari. The people who hold vested interest in Kashmir be it the businessman, politician or bureaucracy, have only misused the provisions of Article 370 for their own personal nefarious gains. The poor and the down trodden have been mind washed in the name of freedom but have been constantly exploited over the ages by the Rich people in power. No financial regulation was ever introduced in the state of J&K which would make the rich people in power accountable for the corruption and exploits of the state treasury. Provisions dealing with wealth tax, land tax, etc were never given serious consideration for implementation. This has ensured that the rich continue to grow rich and the poor are given no equal share of the economic benefits. Such has been the effect of Article 370 that it has created local strong men or sultans who wield all the power, trampling over the demands of basic welfare by the common people. As one of the provision states that no outsider was allowed to purchase land or settle in J&K, the rich well connected people stood to gain enormously. They created a monopoly by dictating land prices as any outside competition was ruled out by law. This created a situation whereby the rich and powerful people cornered land which caused loss to the exchequer of the state. There has also been discrimination in terms of economic development of Ladakh and Jammu. The very purpose for which Article 370 was created is being misused by the Kashmiri people in power, when applicable to safeguard the tribes of Ladakh and Jammu. Not only did the people in power exploit the state economically but also used the monetary benefits received by the government of India to fund the militancy, secessionist lobbies and anti-India activities. To the people of Kashmir the abolition of Article 370 is projected as an event which will be the end of Kashmiri freedom and Islamic culture, this is nothing but just a ploy to conceal the political ambitions of various leaders. In todays growing world is it right to still be held back by the boundaries created during independence or do we move forward to create a better stronger India which is united? This is the question everyone affected by Article 370 must ask. The people of the region have suffered and been exploited for many years because of a temporary pact which never ended. Aug 5th 2019 will always be etched in history as a historical day for the development of Kashmir. It is time for the people to realise the irrelevance of Article 370 and break the barriers it had created.
