ONE YEAR AFTER ABROGATION OF ARTICLE 370
Introduction.
Article 370 gave the people of J&K a special status in the constitution of India and it came into effect in 1949. On 5th Aug 2019, the government of India took a bold decision when the honorable home minister announced the Abrogation of Article 370. With this the state of J&K was divided into two union territories i.e. the union territory of Jammu and Kashmir with a legislation and the union territory of Ladakh without legislation. The main aim of the centre for this decision was to integrate the state of J&K into India so that the citizens of J&K can avail more opportunities. Another reason was to counter terrorism and to fulfil the demands of the people of Ladakh for a union territory.
Background.
Kashmir owes its origin to a legendary Rishi (ascetic-scholar) Kashyap, who is credited to have reclaimed it from a huge lake that existed where Kashmir Valley is located today. The land was first called in ancient literature Kashyapmar, which was corrupted to become Kashmir. Maurya emperor Ashoka had a strong connection with Kashmir. He founded the city of Srinagar and brought Buddhism to Kashmir, which saw several ruling dynasties till the middle of fourteenth century. Around this time, a Tibetan Buddhist refugee Rinchana, who later converted to Islam, established first Muslim dynasty in Kashmir. When Akbar became the Mughal emperor, he annexed Kashmir to his empire. The state of Jammu and Kashmir acquired its modern shape under Ranjit Singh, who established a Sikh confederation and annexed Kashmir from the Mughal empire in early 19th century. The administration of Jammu and Kashmir was given to a local chieftain from the Dogra community, who expanded it by capturing Ladakh and Baltistan for the Sikh empire. By this time, the British rule of East India Company was getting stronger in India. The company had successfully challenged the advance of Sikh empire, whose leader Ranjit Singh was forced to sign a Treaty of Amritsar in 1809, which was formalised in 1846 after first Anglo-Sikh war. This treaty decided the fate of Jammu and Kashmir. The British trader-rulers “sold” the dominion of Jammu and Kashmir to Dogra King Gulab Singh for Rs 75 lakh. The Dogra king ruled over the regions of Jammu, Kashmir Valley, Gilgit-Baltistan and Ladakh. The arrangement continued till 1947,when the British divided the Indian Subcontinent into two countries – India and Pakistan. Jammu and Kashmir ruler Hari Singh appeared to chart out his own way without acceding to India or Pakistan. It signed a standstill treaty with Pakistan, which breached the agreement by invading Jammu and Kashmir in October 1947. India did not intervene till Hari Singh signed the Instrument of Accession with India and sought help from New Delhi. Maharaja Hari Singh sought special privileges for his people on the lines of a 1927 law that denied outsiders the right to own property in the state. This law restricted the right to own property in Jammu and Kashmir in line of inheritance only. This had been brought apparently to keep the Britishers away from the salubrious Valley of Kashmir. The Jawaharlal Nehru government agreed to Hari Singh’s condition subject to future final settlement. The matter was placed before the Constituent Assembly of India, which was dealing with the task of framing the Constitution of India. After a lot of deliberation, Article 370 was inserted in the Constitution’s twenty-first part that proclaimed it to be “Temporary, Transitional and Special Provision”. Article 370 provided for a special status to Jammu and Kashmir, which was granted to it through the Presidential Order of 1954.
One Year After Abrogation of Article 370.
On the first anniversary of the effective abrogation of Articles 370 and 35A and the administrative reorganisation of Jammu and Kashmir, the domains in which claims, and counter claims are being made include development, infrastructure, grassroots democracy, anti-corruption measures, tourism, creation of jobs, relative freedom, quality of life and perhaps a few more. This was expected, especially when the decision was strongly supported in Parliament with a two thirds majority in Parliament but also had considerable political opposition outside it. The Aug 5, 2019 decisions were bold and pathbreaking because there was a crying need for them for many years, the last three decades since the proxy war began in J&K. The centre of gravity of the Pakistani sponsored proxy war was always identified as the ‘people of J&K’, many of whom openly expounded the ‘idea of Azadi’ (independence).The concept of Azadi was based upon the notion that J&K was different to the rest of India, being a Muslim majority state and historically not aligned with the mainland. The idea of Azadi created the sentiment of exclusivity which mainstream politicians in J&K further exploited to create the demand for autonomy. Both Articles 370 and 35A contributed to the creation of these sentiments which were fully exploited by anti-national elements and Pakistan, the decisions of Aug 5, 2019 struck the root to neutralise that. The frequency of operations is not indicative of deterioration of the situation but reflective of positives such as flow of intelligence and inability of terrorists finding safe houses. The majority of these operations have not confronted stone throwing mobs which could earlier be rustled up in minutes. This should be a yardstick of progress towards conflict resolution, material benefits of good governance will flow in time. What we should be concerned about is the future of politics in the Union Territory, the probing of minds of the people of Jammu and Kashmir region, the creation of conditions for the return of the Kashmiri Pandits with dignity and honour and meeting of the aspirations of the youth. The freedom will progressively restore, and people will have more to aspire for. However, the process towards that will be a difficult path due to J&K’s geostrategic location which gives rise to geopolitical trends against India’s interests .J&K will not enjoy any special status and the Indian constitution will be applicable to all its residents from now. Right to Information & Right to Education will be applicable and minorities in the region will enjoy 16% reservations. Also, women from J&K can still retain their rights and citizenship even if they marry someone outside the state.
Significance of Abrogation of Article 370.
(a) One can purchase immoveable property like land and can migrate in Kashmir and Ladakh.
(b) Right to Information was given to the people.
(c) 16% reservation were given to the minorities.
(d) Women need not to give away their immoveable property after marrying to non – Kashmiri.
(e) No separate flag for the Kashmir, only Tricolour.
Significance of Abrogation of Article 370 from Security Forces Point of View.
(a) The security situation in J&K has improved a lot and is now in fact better than ever.
(b) Violence like strike/bandh/ stone pelting has decreased by 36%.
(c) There has been a decrease of 40% I the involvement of local youth in terror activities/ joining terror outfits.
(d) Security Forces has succeeded in neutralising many leaders of terrors outfits.
(e) There has been a decrease in casualties of the Security Forces.
Advantages of Abrogation of Article 370
(a) Attempts to unite Kashmir with other states of India.
(b) Propagates One Nation One Constitution Slogan.
(c) Open doors for growth and development in the valley.
(d) Private investors can invest and boost the economy of the state.
(e) Central government can control corruption since it is a UT now.
(f) Authorities are in a better position to curb terrorism and instil peace in the Valley.
(g) Better medical and education facilities available for the residents of the J&K.
Conclusion.
This was a big victory for the nation, now we can proudly say that “from Kashmir to Kanyakumari” Indiais one. This will also help in curbing the terrorist activities and unite Kashmir with India. The removal/ abrogation of article 370 will bring peace and foster a feeling of nationalism among the people of J&K and Kashmir will be once again known as “the heaven on earth”.
