Our valued contributor FOOTPRINTS argues Art.370 of the Indian constitution has to go. No, he is not a parivaarist. But he has his reasons. He denies that Jammu and Kashmir was given a ‘special status’ during its accession to the Indian Union. It is a myth, he declares and goes on to say: The Reality Jammu and Kashmir was never given any kind of special status. Maharaja Hari Singh, the ruler of the state, acceded to merge with India, signing the Instrument of Accession in October 1947, exactly the same way that all other acceding Indian princely states had done. Under the Constitution, Jammu and Kashmir simply became just another Indian state. Nehru’s understanding of the nascent Indian nation-state was naïve and confused. Pragmatism and Nehruvianism were poles apart. Nehru’s style of governance led to confusion, contradictions, constitutional anomalies, and myths. He unilaterally approached the UN without even taking his own colleagues into confidence. Sardar Patel was made to function as home minister minus Kashmir. Nehru dealt with Kashmir himself, helped by Sir N Gopalaswami Ayyangar, a minister without portfolio, who happened to be a former Prime Minister to Maharaja Hari Singh from 1936 to 1943. The Myth Article 370 is fixed, permanent, and cannot be abrogated or amended (like the Ten Commandments!). The Reality Article 370 was conceived as a temporary and transitional arrangement with a specific objective, as the Constituent Assembly debates themselves reveal, which was to cement Kashmir’s integration with India. The very line of the Article reads: “Temporary provisions with respect to the State of Jammu and Kashmir.” Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions. This procedural mechanism between the Indian Constitution and Jammu and Kashmir has been systematically abused to defy the basic norms of the Constitution and create a state within a state. ‘Secular’ and ‘Socialist’ added to the Preamble of the Indian Constitution have no application in the state of Jammu and Kashmir! Perpetrating patriarchy and inequality Article 370 brazenly promotes patriarchy and inequality between men and women. A woman from anywhere in the world marrying a MAN from Jammu and Kashmir acquires naturalized citizenship, but a WOMAN from Jammu and Kashmir marrying even any Indian MAN is deprived of citizenship rights within the state. Children from a marriage between a Kashmiri woman and an outsider have no claim or right in the state. Almost 130 laws of the Constitution are inapplicable in the state, including the 73rd and 74th constitutional amendments dealing with Panchayati Raj, thereby protecting the interests of feudal lords in the state. The Urban Land Ceiling Act has no effect in the state, conferring an unfair advantage to a handful of rich people to accumulate urban land and keep the masses deprived. Article 370 ensures that SCs and STs in Jammu and Kashmir are deprived of political reservations. The Prevention of Corruption Act, 1988 and Right to Education Act (RTE) are not applicable in Jammu and Kashmir. All Indians are equal, but Kashmiris are more equal than others! The Background In 1949, the then Prime Minister Jawaharlal Nehru directed Kashmiri leader Sheikh Abdullah to consult Dr. BR Ambedkar (then law minister) to prepare the draft for a suitable article to be included in the Constitution. Dr BR Ambedkar, a patriot and the principal drafter of the Indian Constitution, refused to draft Article 370. Ambedkar reportedly told Abdullah (according to Balraj Madhok): “You wish that India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India, but Government of India should have only limited powers, and Indian people should have no rights in Kashmir. To give consent to this proposal would be a treacherous thing against the interests of India, and I, as the Law Minister of India, cannot betray my country.” Subsequently, Abdullah went to Nehru, who in turn directed him to Gopalaswami Ayyangar. Ayyangar approached Sardar Patel asking him to do something as it was a matter of prestige of Nehru. Sardar Patel expressed his misgivings, but Nehru was adamant. On Dec 27, 1947, he pompously said to the Sardar, “Gopalaswami Ayyangar has been especially asked to help in Kashmir matters. Both for this reason and because of his intimate knowledge and experience of Kashmir, he had to be given full latitude. I really do not know where the States Ministry (Sardar Patel’s ministry) comes into the picture except that it should be kept informed of the steps taken. All this was done at my instance, and I do not propose to abdicate my functions in regard to matters for which I consider myself responsible. May I say that the manner of approach to Gopalaswami was hardly in keeping with the courtesy due to a colleague?” The Sardar thereupon resigned, and the matter fell in Gandhi’s lap to bring the two colleagues together. During this period, V Shankar, IAS was the personal secretary to Patel and maintained a record of all events. It is clear from these records that Nehru finalized the draft of Article 370 along with Sheikh Abdullah without even informing Patel. Thereafter, it fell to Gopalaswami Ayyangar to get the draft passed in the Constituent Assembly discussions. The proposal was torn to pieces by the Constituent Assembly and also Congress Party Executive. Nehru, who was abroad at the time, swallowed his pride and rang up Patel and requested him to get Article 370 approved. It speaks volumes of Patel’s loyalty to a colleague that despite his own and others misgivings, he managed to convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said “Jawaharlal Royega.” V Shankar, in his record, has described the meeting of the Congress Executive Committee: “The meeting was one of the stormiest I have ever witnessed barring the party meeting which discussed the proposition relating to Rajaji becoming the first President of Indian Republic. The opinion in opposition to the Gopalaswami formula was forcefully and even militantly expressed, and the issue even brought in the sovereignty of the Constituent Assembly to draw up the Constitution without being tied down to the apron-strings of the Kashmir State Constituent Assembly.” Entrenchment of vested interests In 2004, the Jammu and Kashmir state high court, in the case of State of J&K versus Sheela Sawhney, declared that there was no provision in the existing law dealing with the status of a female permanent resident who married a non-resident. The provision of women losing their permanent resident status after marrying outside the state, therefore, did not have any legal basis. It brought relief to women marrying outside the state. Soon thereafter, the People’s Democratic Party led by Mehbooba Mufti passed a law to overturn the court judgment by introducing a Bill styled “Permanent Residents (Disqualification) Bill, 2004,” which was further backed up by Omar Abdullah’s party. The Government of India can make laws only with concurrence of the Jammu and Kashmir State government, practically giving the latter a kind of “veto power.” Article 352 and 360 for declaration of national and financial emergency respectively cannot be applied in Kashmir. While a citizen of India has only Indian citizenship, J&K citizens have two citizenships. Anti Defection Law is not applicable to J&K. No outsider can buy property in J&K state. The beneficial laws such as Wealth Tax, Gift Tax & Urban Land Ceiling Act and intermarriage with other Indian nationals do not operate in J&K State. Even Article 356 under which President of India can impose his rule in any state cannot be enforced in J&K without consent of the Governor who himself is an appointee of the President. Ill effects of Article 370 on the minorities Taking full advantage of Article 370, the National Conference government, first led by Sheikh Abdullah, then by others, perpetuated the archaic, exclusionary, and highly discriminatory rule known as the State Subject law. In 1890, the then Maharajah had instituted a law disallowing outsiders from owning land and property in the state. This law was further strengthened in 1927. The law made sense in those days, since it was meant to prevent the colonial British from establishing their presence in the state. In 1947 and later, however, this rule has been used by the National Conference governments to gradually and decisively eradicate the minorities. The State Subject law has a unique feature to it that acted as a double pincer in squeezing out a majority of the Pandit population. Women who marry men (including those who are Kashmiri Hindus) domiciled outside the state, automatically lose their right as a ‘State Subject’. Even if their children are born in the state, those children have no rights and are destined to live elsewhere in India. In order to permanently settle the issue of Kashmir, abrogation of Article 370 should be immediately followed by re-organization of the state into three distinct entities:–Jammu, Ladakh, and Kashmir. Defying logic and reason Article 370 has made Jammu and Kashmir a country within a country, with its own flag, emblem, constitution, and Sadr-i-Riyasat (Prime Minister). How is it logical and reasonable for a state’s residents to live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians? Will the government grant such rights under Article 370 to Kerala or Bihar, for example?
Savukku editorial doesn’t endorse the views of this author, but we are willing to engage in a debate on this. We believe in the right of any nationality to decide on their destiny, though any solution to this thorny issue bleeding both India and Pakistan for decades now should have to factor in the ground realities on various planes. At the moment we recommend http://scroll.in/article/665862/Myth-No-1-about-Article-370:-It-prevents-Indians-from-buying-land-in-Kashmir, that puts across a viewpoint in support of Art.370. We will soon be carrying our own.
дисбактериоз почему черные точки в кале http://bboyzakka.us/index.php?link=19053 витамины группы б при остеохондрозе название
எப்புடி பாக்கிஸ்தான் குன்ன்டு போடும் போது இவர் என்ன இவங்க கோத்த சுன்னிகுள்ள ஒழுன்சுகுவன
ங்கோத்த உனக்கு என்ன தெரியுமோ அத போடு எது நல்லது கெட்டதுன்னு நாங்க தேர்ந்தெடுத்த அரசாங்கம் பாத்துக்கும்
Thank you all for your comments which have been taken respectfully as those of critics. One question that I would like to ask is this:- “Is the author of the Indian Constitution, Dr. Balasaheb Bhim Rao Ambedkar, a fool for having refused to draft Article 370? Simple Answer. Yes or No.
உங்களை மன்றாடிக் கேட்டுக்கொள்கின்றேன் தயவுசெய்து சமூகத்தின் நலன் கருதி நஞ்சுண்ட மூர்த்தியின் கருத்துக்கள் பதிவு செய்வதை தடுத்த்து நிறுத்த வேண்டும். நஞ்சுண்ட மூர்த்தியின் கருத்துக்களை நீங்கள் அனுமதித்தால் உங்களுக்கு சமூக ஒற்றுமையில் எந்த அக்கறையும் இல்லை என்பது தெளிவாகிவிடுகிறது
For this issue, it is better we have to discuss / debate with any Kashmir Author, who may have enough knowledge.
We as living in Tamil Nadu, know the real problem about the Srilanka genocides, but Indians who are living on north may not aware as much what we know.
Since it is a state issue, for a healthy debate, it should be with any Kashmir Author.
We need to debate about article 370. Some of it’s provisions are not good for any people. Using 370 we cannot deny basic rights to women and others. May be if we debate we can come with true federal structure for all states.
I cannot understand why bombastic scholars not done any article comparing about kashmir,Khalistan,Tamil Eelam,seperate tamil nadu issues?
Why other problems went off unjustifiably or with less or no justice and Kashmir is not solved despite all concessions, bleeding and many losses?
If you do that, U will find religious fanaticism is hidden cause!
U cannot reason with any type of fanatics anywhere!
Let intellectuals name XYZ fanatics as XYZ fanatics and they will hide their tails between legs!
If we ignore it and justify as” special “problems and concessions for XYZ fanatics, we re just educated , ill-balanced idiots!
Just ignore Kashmir issue for 10 years except safeguarding borders!
Take on 1000 terror attacks with right reply and develop 10 years simultaneously!
Then people will know, development not destruction is better and kashmir or any will solve itself!
Even if kashmir is given freedom fully, it will become another pakistan/afghanistan only!
In fact linguistic,religious states are perpetual nuisances, grown by power politics!
Red/green/saffron fanaticism and terrorism are same and leads to no-progress shame!
So at last Savukku found some merit to publish article 370 aboilition which is DEVIL BJP’s pet theme!
Hope soon,DEVIL BJP’s Ram mandir and Uniform Civil code will also be discussed!
Religious, language, caste, creed,race, community fanaticism is root cause for all problems and no progress!
Leaders’ duty is to progress people educationally,economically and scientifically !
But for them it is easy to start fanatic issues than developing!
cunning useless politicians,
not so educated ,bombastic,corrupt religious heads,
opinionated educated idiots
and uneducated intelligent but gullible masses
don’t permit, peaceful referendum or birth of new nation!
All know the history and death of Tamil Eelam!
It started with genuine grievances, grown into brutal killing war and insultingly died, making lot financial and human losses!
If we behave as balanced people without herd mentality on any issue,many problems can be solved slowly!
History of civilisation says that it took thousands of years for human to master a good dress of leaves/fibres!
Social history says peaceful reforms last forever and violent changes revert back after some time(Example: Russia,USA, Japan,China aggressions in history and opposite effects)
So, never believe that problems can be solved by few leaders in short time!
Calm, persuasive adamance only will succed in a decade!
If u start referendum, 195+ nations now , will be 1950+ nations!
we know, one recent election is how much big nonsense festival!
Think of referendum on XYZ issues!
Then it will be Arvind Kejriwal like drama of referendums on A-Z issues!
Here some people comments clearly shows how much venom they have in their words. those are Hindu fascist .. I suspect they are from RSS? who are very keen on creating and executing communal violence between Hindu and Muslims with the help of its franchises like ABVP, VHP, BajRang dal, Siva sena , Ram sena and other Hindu fascist group.
Pls remember , As per Indian constitution, India is a secular country. not a Hindu Nation.. Stop and Don’t spread your rubbish things in the social media.
My opinion is , J & K people have to decide through public voting whether they need this law or not?
“As per Indian constitution, India is a secular country. not a Hindu Nation.. Stop and Don’t spread your rubbish things in the social media”
Indian constitution is less than 200 year old, wherein the culture of this land is several thousand years old. For your kind information the so called (anglo-saxon) constitution is shaped by British invaders to contain the Indian Rebellion of 1857 began as a mutiny of sepoys of the East India Company’s army on 10 May 1857, in the cantonment of the town of Meerut.
So don’t have slave mentality.
I believe that you also aware about the birth of India. There was no such a country historically. In particular, the Indian continent never conquered completely by any of one Kingdom. So, it is not acceptable that India was/is religious. India made to be religious. You may get much more relevant information about Indian civilization by Dr. Vinay Lal who is a Professor. His classes are available in you tube.
So you think secular means Muslim and Christian country.
most of the so called intellectuals are thinking that Musleems and Chiristians are the citizens of India and have decisive power and Hindus ar ethird rated citizens. As Indians we have to drive these unscrupulous idiots from India. Let the BJP to uncorrect the idiot Nehru has done to India. Instead of Gandhi, Godse should have shot nehru, the worst and culprit Prime minister of India. One person has called BJP as Devil BJP. In Hiduism every thing is god. But in Islam and Christianity, they used to talk more about devils because the are devils.
Rather than following the tense situation in Kashmir, it is best to take a decision to conduct referendum.
If it is a referendum on Article 370, it should be a referendum conducted across the whole country. The reason is all along all those natives of India excluding Kashmir have been denied the right to property in Kashmir. Therefore Article 370 is not freedom to Indian Kashmiris, but curtailment of freedom to all Non-Kashmiri Indians. How can there be a restriction on my right to extend the whole of India? This is unfair. This unfairness has been perpetrated on all of us despite the opposition by Babasaheb Dr Ambedkar. It is the foolishness of Jawaharlal Nehru that resulted in Article 370. He overruled Sardar Patel and Babasaheb and brought this Article into the Constitution.
To understand and accept that Article 370 is unfair to the whole concept of India, what more do we need than the fact that Babasaheb did not agree to including this Article 370 in the Indian Constitution?
u stop to take petrol form muslim coutry then u take abount to us
Dear Ali, Are they giving it for free to the rest of the world.By that same count, will they stop getting rice / everything else from the rest of the world. And then what will they drink ?Oil?
Making of a Nation
Nations are generally made and held together on the basis of race, religion, language or ethnicity. Sameness is the formula of nation-building, but India stands in defiance of this mediocrity. “Bharatvarsha” lived for thousands of years, a union of over two hundred kingdoms. King Bharata extended the boundaries of his empire, more through inclusion than conquest.
The word “Bharata,” literally means: “bha” for bhava, “ra” for raga, and “ta” for tala – the fundamentals of music and dance. The arts evolved phenomenally in this land. A few thousand years ago when the rest of the world was striving and struggling in nomadic groups for survival, India saw the heights of music, mathematics, astronomy and scientific development.
We took pride in building the nation not on the sameness of people but on their diversity. Every fifty kilometres of travel, you found people with different languages and lifestyles. Bharat was recognised as a human being – Bharat Mata, where all these different parts were part of one body. We do not expect the little finger and nose to function the same way, but they are together. There was an organic unity which this culture nurtured very carefully, tied together with a strong spiritual thread.
The fundamental aspect of living in India is that whether you are a king, businessman or householder, your highest goal is mukti or liberation. It was not even god or heaven – God is just a stepping stone for us. This country is the only “god-less” country on the planet because here, we know that God is of our making. We developed a whole science of “god-making” through which you can create your very own god – your ishta devata. This is a land of an estimated 33 to 330 million gods and goddesses!
India never had any belief system or established morality. There was only vibrant spirituality, and that has always been the guiding force. Right now, India is facing a certain danger because this spiritual thread is being systematically hacked at, and there is no moral structure to fall back on. If spirituality is lost, this is the most immoral country because we have no guilt problems like in the West. If we hack this one thing down with beliefs and other identities, after twenty-five years, we will wonder why we are one nation and we will break. The leadership in the nation needs to grasp what truly holds us together. The glory of this nation’s past is rooted in its spiritual possibilities and accomplishments.
The Indic region has mastered the laws that govern inner wellbeing. In the modern world, nations of great affluence are suffering from a terrible sense of disenchantment within. We have the know-how and scientific methods that could lead to wellbeing of all. Before individuals step out towards external accomplishments, they must arrive at a sense of inner wellbeing. It is only in this that individual human beings can go beyond personal ambition and strive for a larger vision. This is of utmost importance now, because for the very first time, we as a generation have reached a place where we have all the necessary resources, capability and technology to address every human problem on the planet. Only an inclusive consciousness is missing. The very basis of what we refer to as Bharat is this inclusiveness.
It is time we reap the benefits of this profound tradition in its full glory. We are a nation of great possibility. Let us make it happen!
I agree on the abolition of article 370 after a healthy debate. All these anomalies should go and the special status to the states shall be awarded based on its economic status and not based on religion / caste / creed. Bharath Mata ki Jai.
WHY IMPOSSIBLE FOR KAFIRS TO MAKE PEACE WITH MUSLIMS?:
Prophet Muhammad(pbuh) made Hudaibiya peace treaty(no war for 10 years) with Kafirs of Mecca —- But after some time, Kafirs breached the peace treaty —- This forced Prophet Muhammad(pbuh) to declare JIHAD on Kafirs, capture Kaba and demolish 360 idols of Kaba —- On that day, Prophet Muhammad(pbuh) declared that he had fulfilled the command of Allah.
The interesting question here is, “Had Kafirs NOT breached the peace treaty, would Prophet Muhammad(pbuh) allowed Kafirs to worship their 360 idols peacefully in Kaba for ever?” —- IMPOSSIBLE — When Prophet Muhammad(pbuh) prayed Allah for Khalifa Umar and Abu Jahal, he prayed Allah to give one among them on his side. He NEVER prayed for both to embrace Islam. He wanted a strong Kafir on the other side because he knew that Kafirs will definitely breach the trust which inturn will justify JIHAD to liberate Kaba and demolish 360 idols.
In fact, Prophet(pbuh) agreed for 10 years peace treaty in order to spread the message of Islam and build his army — Either way, after 10 years he would have definitely attacked KAFIRS and liberated Kaba — Ofcourse, Prophet came to abolish idol worship and he can NOT go back without fulfilling his mission — Heads i win, tails you loose — This is called Islam.
“Heads i win, tails you loose — This is called Islam.” – Fantastic explanation
Having such a ideology of greediness will not allow you to peace with anyone who has a sense of fairness
Someone wrote about hudaffiya. The gentleman forgot to write not even kafir died or injured when Muhammad during so called invasion of Mecca. Muhammad didn’t call that day as day of revenge but called it as day of mercy. Although his followers were tortured and abused by the very same people of Mecca he offered mercy. Read history properly.
If maharaja of Kashmir accession to India without consulting his people was legal Hyderabad accession to Pakistan be considered legal? Likewise Hyderabad is not real estate of nizam ; likewise Kashmir is not real estate of Abdullah’s , Kashmir is not real estate of maharaja as we’ll. twisting and turning history to convenience is not new.
As long as honesty and personal choice is missing there cannot be peace. No one will accept second class thinking
The Prophet of Allâh not only encouraged assassination, he advocated deception and treachery, as well. One of the victims of Muhammad’s assassination operations was an old man called Abu Afak, who was said to be 120 years old. He composed poetry, some of which lamented that people had become followers of Muhammad. He wrote that Muhammad was a crazed man who arbitrarily told people what was prohibited and what was allowed, and who had caused them to surrender their intelligence and become hostile to one another. Ibn Sa’d reports this story as follows:
Then occurred the “sariyyah” [raid] of Salim Ibn Umayr al-Amri against Abu Afak, the Jew, in [the month of] Shawwal in the beginning of the twentieth month from the hijrah [immigration from Mecca to Medina in AD 622], of the Apostle of Allâh. Abu Afak, was from Banu Amr Ibn Awf, and was an old man who had attained the age of one hundred and twenty years. He was a Jew, and used to instigate the people against the Apostle of Allâh, and composed (satirical) verses [about Muhammad].
Salim Ibn Umayr who was one of the great weepers and who had participated in Badr, said, “I take a vow that I shall either kill Abu Afak or die before him. He waited for an opportunity until a hot night came, and Abu Afak slept in an open place. Salim Ibn Umayr knew it, so he placed the sword on his liver and pressed it till it reached his bed. The enemy of Allâh screamed and the people who were his followers, rushed to him, took him to his house and interred him. (The Kitab al Tabaqat al kabir, Vol. 2, p 31)
The only “crime” this aged man had committed was in composing satirical verses critical of Muhammad.
When Asma bint Marwan, a Jewish mother of five small children heard about this, she was so outraged that she composed a poem cursing the men of Medina for letting a stranger divide them and for allowing him to assassinate a venerable old man. Again Muhammad went to the pulpit and cried out:
“Who will rid me of Marwan’s daughter?” `Umayr bin. `Adiy al-Khatmi who was with him heard him, and that very night he went to her house and killed her. In the morning he came to the apostle and told him what he had done and he [Muhammad] said, “You have helped Allâh and His apostle, O `Umayr!” When he asked if he would have to bear any evil consequences, the apostle said, “Two goats won’t butt their heads about her.” ( From pp. 675-676 of The Life of Muhammad , which is A. Guilaume’s translation of Sirat Rasul Allâh.)
This is an example of mercy of muhammad as recorded by muslims.
So, Islam means deception as practiced by muhammad, your rasool.
But they (the Jews) were deceptive, and Allah was deceptive, for Allah is the best of deceivers (Wamakaroo wamakara Allahu waAllahu khayru al-makireena)! S. 3:54; cf. 8:30
Every citizen of India should demand to know how much of their tax money is being spent in protecting J&K as a state within the map of India. I think Modi Govt should give a white paper describing the financial burden in terms of military expenses in the tough terrains there as well as the significance of the state being part of India.
Some secular parties such as Communists & JD(U) appear to be against scrapping the Article because they think scrapping is against minorities! I am not clear how the minorities or the majorities are affected by this. Can any one clarify? Further, Kashmir has blocked SC/ST reservations and equal right to women. Are those who oppose scrapping indirectly supporting denial of benefits to depressed classes and women?
Now that it is very clear Article 370 is discriminatory against other states and in favor of Kashmir, can any Indian citizen challenge the Article on the basis of unfairness?
Best way is for Modi to campaign in J&K & tell the people of their loss of economic development and other social rights the way he did the magic in the rest of India. My friends immediately to warn of security concerns there. I remind them of technology which Modi himself brought into election campaign and use the 3D blitz in full swing to make people aware and then go for voting. If the people prefer to stay with India with all the advantages of a rising democratic nation, well & good. Otherwise, let the rest of the country be spared the burden & expenses. Let people choose their destiny.
The entire country & its people can not be allowed to bleed for the whimsical dreams of an aristocratic son of a great lawyer.
I fully agree with you.