ARTICLE 370: The curious case of jammu and kashmir

ARTICLE 370: The curious case of jammu and kashmir


Author: Harshit Bhimrajka,
1st year,
Rajiv Gandhi National University of Law.

Article 370 of the Indian Constitution is a psychological and emotional barrier between the people of the valley of Jammu and Kashmir and the rest of India but time to time Pakistan has intervened between the two by using to mock at the very concept of “India being one from Kashmir to Kanyakumari.”[1] The people of Kashmir valley regard this article as an “Article of Faith” which guaranteed them internal autonomy and some regard this article as the greatest hurdle in the way of integrating India, different people have different opinions some are supporting the article and some are opposing.
Politicians, Bureaucrats, businessmen, etc, have vested interested in this article as they misuse it in a way that they want for their wicked purposes, like by not implementing financial laws which might make them liable for the accountability of their loot. It includes the provisions which deal with Wealth Tax, Urban Land Ceiling Act, etc.[2] This ensured that the rich are growing more richer and the poor were denied from having a legitimate share in the economic pie. As no outsiders could buy the property in the state these people grow enormously and the influential people decided the price of the commodity in the economy to gain as much as the profit they can. So these people control the political and economic state of Jammu and Kashmir.
One of the biggest tragedies is that 6,00,000[3] Pakistani who migrated from Pakistan at the time of partition didn’t get equal rights as a common people get like no voting rights, can’t fight elections, yet their children and they didn’t get citizenship rights of the state, they cannot get loans from the state nor seek admissions into various professional colleges of the state.
Dr. BR Ambedkar had forewarned the country in reply to Sheikh Abdullah’s demand for a special status in the Constituent Assembly of India. He had said, “You want India to defend Kashmir, give Kashmir equal rights over India, but you deny India and Indians all rights in Kashmir. I am the Law Minister of India, I cannot be a party to such betrayal of national interests.”[4]   
After Abrogation the social impact of Jammu and Kashmir changes drastically, “The decision to abrogate Article 370 has perhaps generated more emotions than any other event in the country in the recent past. From celebrations to anger, from euphoria to despondency, from pride to humiliation, it has seen a wide spectrum of emotions reflected through millions of conversations on social media.”[5] Government of India had clampdown all the mode of communications like telephone facility, internet facility, etc. for many days, people have to face any difficulty they weren’t able to talk to their loved ones which live outside from the state even who live far away within the state weren’t able to talk. The government put many major politicians under house arrests like Mehbooba Mufti, Omar Abdullah, Farooq Abdullah, and many others so that they couldn’t be able to create a situation of protest or chaos in the valley by influencing the masses. The military unwanted force on people was inhuman and inconsiderate after the abrogation; the people in the valley are still living in the fear because their “special feature” has been snatched from them. Around 14 PILs have been registered under the Supreme Court of India over various aspects of the current situation in Kashmir.[6] These pleas can be divided into three parts- firstly, three were for Habeas Corpus, secondly, 10 were for Challenging Abrogation of Article 370, thirdly, two were for communication lockdown.
“Liberty is not something a government gives you. It is a right that no government can legally take away.”
― A.E. Samaan
In my opinion, the step taken by
the government to abrogate the special status of Jammu and Kashmir is with not accordance with law or specifically our Law of Land- Constitution of India , the Centre’s abrupt move disenfranchised people on a matter that directly affected their life and sentiments. When Article 370 was added in the constitution certain provisions implied that Center can’t interfere in the making of State constitution and President before doing some amendment or removing provisions in the article have to consult the Constituent Assembly of the state but it was dissolved in 1957 as the article was within the ambit of the temporary provisions due to the liquefy of The Constituent Assembly, it became the permanent provision according to Jammu and Kashmir High Court and Justice F.Nariman of Supreme Court.
[7]
The helplessness of not being able to reach out to our families back home has been emotionally shattering and hard to come. The total clampdown on all means of communication has left families disconnected. It is inconsiderate and inhumane at multiple levels. If the special status of J&K was meant to end it should be with the concurrence of its people. Moreover, this was done after a massive military build-up and the house arrest of senior political leaders, and the communications shutdown reveals a cynical disregard of democratic norms. The purpose of the military presence is to control the unlawful protests and not to torture the citizens in any way. Different cases are to date being reported about these atrocities and that’s why it is a topic of big concern. Whatever it’s (the process of abrogation) intent in enabling the full integration of Jammu and Kashmir with India, this decision to alter the State’s status could have unintended and dangerous consequences.
“Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.”
― Abraham Lincoln

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[1] Colonel Tej K Tikoo, Kashmir: Its Aborigines and Their Exodus, 30 June 2012.

[2] Article 370 Goes – The Nehruvian Blunder in Jammu and Kashmir is Undone, August 5, 2019.

[3] https://www.oocities.org/indianfascism/fascism/the_partetion.htm

[4]Colonel Tej K Tikoo, Impact of Article 370, 15 June 2019.
http://www.indiandefencereview.com/spotlights/impact-of-article-370/


[5]Economic Times,  Will the removal of Article 370 bring peace?, 11 August 2019.
https://economictimes.indiatimes.com/news/politics-and-nation/will-the-removal-of-article-370-bring-peace/articleshow/70622110.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst


[6] Aneesha Mathur, What happened when Supreme Court heard 14 PILs on Article 370, lockdown in Jammu and Kashmir, 29 August 2019.                        &n
bsp;                       https://www.indiatoday.in/india/story/what-happened-when-supreme-court-heard-14-pils-on-article-370-lockdown-in-jammu-and-kashmir-1592824-2019-08-29


[7] Aashish Aryan, Judgment day: Next fight over Article 370 could move to Supreme Court, 5 August 2019.                                                                                                                                           https://www.business-standard.com/article/current-affairs/over-to-the-law-next-fight-over-article-370-could-move-to-supreme-court-119080501722_1.html
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