Article 370: May peace conquer Troubles and Fear in Kashmir
- In Current Affairs
- 06:56 PM, Aug 16, 2019
- Ankit Verma
As Home Minister Amit Shah stood in parliament on 5th of August 2019, the entire country, with bated breath, listened to him and within a few minutes, an entire generation witnessed a historical moment in the life of our country. Yes, Article 370 scrapped. Sorry, that’s factually inaccurate, as reported by India Today (https://www.indiatoday.in/news-analysis/story/article-370-has-not-been-scrapped-what-does-modi-govt-move-on-kashmir-mean-1577411-2019-08-05) “Special status” granted under article 370 is removed.
I am not an expert on J&K and neither have I visited J&K till now. My only understanding of Kashmir is through movies, newspapers, new channels, and books. Hence, I don’t want to get into the nitty-gritty of this policy shift. However, there are millions like me, who despite not knowing the place, are keen to know what is happening in Kashmir.
The Kashmir intrigue: -
Why this intrigue about Kashmir is so etched in our hearts and minds? Perhaps, the answer lies in the news, stories, and debates that surround Kashmir. Since our childhood, we heard about scenic beauty surrounding the place. As poignantly described by Mughal Emperor Jehangir that’s near profound: “Gar firdaus bar-rue zamin ast, hami asto, hamin asto, hamin ast. (If there is a heaven on earth, it’s here, it’s here, it’s here)”.
But, that’s not all, there’s another dimension associated with J&K, and that’s a long haul of insurgency, terrorism, and radicalization that continues till date. We, in India, have no doubt in our minds that this madness is thrust upon Kashmiris by Pakistan. Time and again sanctity of the Line of control is breached by the terrorists and radicals, infiltrated through porous borders along LOC. Pakistan has left no stone unturned to radicalize local Kashmiris and use terrorism as a weapon to make life hell for the locals and rest of the country. This is in my view, is the most important reason why even those who never visited Kashmir are so intrigued about it.
Article 370 and the debate around it: -
There are two distinct points of views on it. One set for and one against it.
Those who are against Article 370, List following as the reasons: -
- It’s a “temporary provision” of Indian Constitution. Under Part XXI of the Constitution of India which deals with Temporary, Transitional and Special Provisions (https://en.wikipedia.org/wiki/Part_XXI_of_the_Constitution_of_India).
- All the provisions of the Constitution which is applicable to other states are not applicable to the state of J&K unless accepted by J&K assembly. As stated by Home minister Amit Shah, in his statement in Rajya Sabha (https://www.youtube.com/watch?v=UHVIM_0sIZs), Laws related to child marriage, labor laws, reservation for Dalits and tribals etc.
Those who are for Article 370, List following as the reasons: -
- It’s a privilege bestowed upon Kashmiris. As per Article 370, the state's residents live under a separate set of laws, related to citizenship, ownership of property, etc.
- Parliament requires state government's concurrence for applying any law. Hence, it empowers them to pick and choose Laws as per their convenience.
Whichever side of the debate one supports, one thing is for sure that article 370 has changed and that’s truth unless this decision is challenged in the courts. Chances are it surly will get challenged. It remains to be seen, as to what is the view of Supreme Court on this matter.
Challenges for current dispensation: -
Over the years, different governments in their tenures tried several ways and measures to make sure that, peace returns to Kashmir. But despite all the efforts, the situation remains grim. So, what is it that change in article 370 present government is trying to achieve? There’s no doubt that it was a part of BJP’s election manifesto (https://www.bjp.org/en/manifesto2019 page 12, point 14). BJP views article 370 (in its earlier form) as an obstacle that comes in the way of development.
Hence, it’s upon current dispensation to work in lines stated by PM Modi in his address to the nation on August 9th, 2019 (https://www.youtube.com/watch?v=PZ0m1EmpndU&t=1s). Now, it’s upon this government to implement everything promised as visible on ground.
Article 370 and people outside Kashmir: -
As this step was taken all kind of the point of views, debates, insinuations, and innuendoes came to fore. In this day and age of information influx, every bit of information travels rapidly. It’s our responsibility to make sure that we exercise restraint. Irresponsible comments on social media, like queries about rates of plots in Kashmir etc. are unnecessary, and it only gives ammunition to the anti-India forces.
People should stay away from claiming victory. No country declares victory, over its own people. In fact, PM Modi advised the same to his cabinet colleagues. (https://www.youtube.com/watch?v=GbB5VN2rDU0 at 3:31 minutes). We should also keep in mind that there are several Kashmiris living in other parts of the country and world is not able to contact their families yet, due to restriction applied by the administration. I am sure these restrictions are precautionary and as time passes by, these restrictions will be eased.
We are also nearing festivals. We hope by then things improve and the restrictions are eased further or removed, as deemed fit. At last, may peace return to Kashmir.
Picture Credits: KennyOMG [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)]
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