I
ndia is a Union of States in which Jammu and Kashmir is one of the States. Specifying the territories of different States of India, the First Schedule of the Constitution of India stated that the territory of Jammu and Kashmir includes “the territory which immediately before the commencement of this Constitution was comprised in the Indian State of Jammu and Kashmir”. Therefore, when we say that Jammu and Kashmir (J&K) is an integral part of India that means that the portion of the state under Pakistan’s occupation, which is known as “Pakistan Occupied Kashmir”, also is a part of India. Let there be no confusion about this. Some Historical facts Some historical facts need to be understood. When India got freedom from British rule on August 15, 1947, it was partitioned into two countries – India and Pakistan. However, during that turbulent and difficult time, the then ruler of the state, Maharaja Hari Singh, was toying with the idea of an independent State of Jammu and Kashmir, while the people of the state decided to join India. During that time of the then ruler’s vacillation on merging with India, the so called tribal raiders (actually Pakistan and British trained and supported soldiers) entered in the state and almost reached Srinagar Airport. The Maharaja fled to Jammu, and signed the instrument of Accession with India on October 26, 1947, for which the people of the state under the legendary leader of Sheikh Abdullah had been insisting all along. Special status of Jammu and Kashmir, and autonomy J&K is an integral part of India after its accession in India. However, there have been issues which have continued to haunt the state. The major issue is that a part of the state continues to be under Pakistan’s occupation which is the main reason for the disputes between India and Pakistan, while another issue of J&K resolves around the question of autonomy of the state. The Accession to India took place on the basis of three subjects: Defence, Foreign Affairs and Communications, while other subjects to be administered by the state. This is the initial basis of J&K’s autonomy within India. This was given Constitutional sanction under Article 370 of the Constitution of India. This was further fortified by the Delhi Agreement-1952 between prime minister Nehru and Sheikh Abdullah. The agreement was ratified by the Parliament in New Delhi and the J&K Assembly in Srinagar. The J&K Assembly also became the Constituent Assembly to frame a Constitution of the state. The first and the essential part of the Delhi agreement is that the accession of the state is full ad final. So the 1952 Agreement has a certain constitutional validity. Then, there was again another agreement in 1975, known as the Kashmir Accord-1975 between government of India and Sheikh Abdullah. The Accord laid down that whatever erosion of autonomy had taken place between 1952 and1975 would be gone into. The Special status of J&K assured to its people at the time of Accession to India in October 1947 (which is the initial basis of autonomy to the state within the Indian Union, and which was given Constitutional sanction under Article 370 of the Constitution of India), the Delhi Agreement-1952 and the Kashmir Accord-1975 are historical factors of greatest relevance to the J&K issue and are also solemn assurances to the people of the state. The solution of the internal issues in the state need to be sorted out within the framework of these factors and assurances. And among these factors, Article 370 is the most crucial factor. The Agreement-1952 and the Accord -1975 are also based on this Article. Abrogation of Article 370 J&K loses the “Special” status However, on August 5, 2019, the government of India abrogated the Article 370, thereby effectively ceasing the special status to Jammu and Kashmir.
Simultaneously, the government introduced a Bill to abolish J&K as a state of the India and replaced it with two separate Union Territories – the Union Territory of J&K with a legislature and Union Territory of Laddakh without a legislature. They did it without taking the people of the state into confidence. They did it without proper discussion in parliament. In doing so, they ignored and undermined the parliamentary practices, procedures and the precedence. They have adopted regressive measures which are unconstitutional and leading to destroying the federal structure and principles of the country. In a single stroke they have rewritten the history and politics of India to suit the taste of fascist ideology of the RSS. They are celebrating this as a victory forgetting that what they have nullified (i.e Article 370) is the umbilical cord that was keeping J&K as an integral part of the great nation. The main opposition party – the Indian National Congress, the Left and most of the other parties in opposition have opposed this move of the government pointing out that this was unconstitutional. The government, however, didn’t care, and using its brute majority passed matters in the parliament which are basically anti-constitutional. Millions of people in Kashmir under virtual detention Some more than seven million people in the Kashmir valley are under virtual detention because of the strict ban and curfew and other harsh restrictions imposed from the midnight of 4th Agust, 2019. Political leaders and activists in big numbers are under arrest. Many of them have been transferred to other states. Virtually the whole population of the state, and particularly in the valley, are deprived of their constitutional and human rights. Telephone, mobile, internet and other communication services have remained suspended for more than two months, and are still not restored in true sense. The whole population in the valley is under a virtual seize. The opposition parties have been demanding the government to stop these repressive measures. They have been demanding that the constitutional and human rights of the people should be restored and the political leaders and activists should be released. But the government has not cared to listen. The people of J&K have had a grievance that the assurances spelled out at the time of Accession have been neglected over the years. When such grievance remained unattended for decades together it was not unusual that alienation went on increasing. Anti-India and anti-accession forces have been exploiting this alienation, and exploiting the alienation to the extent of getting support to separatist and pro-Pakistan slogans, and even demand for independence. It is clear that by abrogating Article 370 and bifurcation of the state, and the continuing curfews, virtual” detention” of millions of people in their homes and restrictions on communication and movement etc, the government has further alienated the people of the state. And the alienation appears to have reached dangerous proportions. Government’s misadventure has only complicated the J&K imbroglio further.
All India Youth Federation – AIYF India