Tag: Article 370

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Will keep alive Article 370 issue, says Omar

Abdullah, who is contesting the Lok Sabha polls from north Kashmir Baramulla constituency, said the Supreme Court verdict on petitions challenging abrogation of the Article 370 was unfortunate…reports Asian Lite News

National Conference leader Omar Abdullah on Saturday said the Supreme Court upholding the abrogation of Article 370 does not close the issue and his party will keep it alive till a dispensation comes at the Centre that is willing to discuss the restoration of special status to Jammu and Kashmir.

“This government will not remain forever. There is no power on earth that can keep Prime Minister (Narendra) Modi in office in perpetuity, there is no power on earth that can keep the BJP in office forever. Every government has a finite term, some are longer, some are shorter. Why would you assume that no government will come in future that will be unwilling to talk to us on Article 370,” Abdullah said.

Abdullah, who is contesting the Lok Sabha polls from north Kashmir Baramulla constituency, said the Supreme Court verdict on petitions challenging abrogation of the Article 370 was unfortunate.

“I would like to believe that there will be a government in the future that will be happy to engage with us on our core issues of the special status of J-K and until that comes, we will keep our struggle alive,” he said.

“We will continue to fight for it and struggle for it. A stamp of the SC does not close the issue, because if a stamp closes the issue, then we had a stamp on Article 370 much before this one and the SC found in favour of Article 370. So, yes, the recent judgement is unfortunate, but that won’t stop our political fight,” the former J-K chief minister said.

He claimed that several opposition parties were also on the same page. “Even now we have friends who talk in favour of the restoration of 370, whether it is in Tamil Nadu or West Bengal or the Left. We have friends outside of J-K who see eye to eye with us on the issue of 370,” he added.

The former chief minister said just like the BJP did not stop talking about the abrogation of Article 370 even when it had two Lok Sabha members in the 1984 elections, his party will continue to talk about the restoration of the special status.

“When the BJP was reduced to two members of Parliament after the victory of Rajiv Gandhi following the assassination of PM Indira Gandhi, did the BJP stop? It kept talking about 370 despite setbacks in court. So, our struggle (also) will not end,” he said.

Asked about the “silence” of the Congress on the demand for restoration of Article 370, Abdullah said while he was disappointed, he would not blame his INDIA bloc ally.

“It is disappointing but I do not blame them. I have always maintained that J-K’s special status is the legacy of the Congress party. It was not an individual who gave it, it was the government that gave it “It was a sovereign commitment of the Union of India with the people of J-K, but you cannot escape the fact that it was the legacy of India’s first prime minister. Therefore, I would have been happier if the Congress had defended its legacy a bit more.

“But, I do understand the political compulsions that make it difficult for them to do it. What I find surprising is that when people, whose legacy is the map of J-K, actually celebrate its dismemberment, that I find surprising because J-K’s map is not a product of August 15, 1947, J-K’s map actually predates independence. So, I would like to have seen people whose legacy is the territorial boundary of J-K perhaps defend it a bit more,” he added.

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India Slams OIC’s Comments on Article 370

The international grouping of Muslim nations called the reversal of Article 370 “illegal and unilateral”, and demanded its recall…reports Asian Lite News

In a strongly-worded statement, the Ministry of External Affairs on Wednesday slammed the Organization of Islamic Cooperation (OIC) for criticising the Supreme Court’s verdict on Article 370, calling it “ill informed and ill intended”.

A day after India’s top court unanimously upheld the Presidential order scrapping Article 370 of the Constitution, which gave special status to Jammu and Kashmir, the OIC expressed “concern” over the verdict.

The international grouping of Muslim nations called the reversal of Article 370 “illegal and unilateral”, and demanded its recall.

“India rejects the statement issued by the General Secretariat of the Organization of Islamic Cooperation (OIC) on a judgement of the Indian Supreme Court. It is both ill informed and ill intended,” External Affairs spokesperson Arindam Bagchi said in a statement on Wednesday.

In a veiled reference to Pakistan, the spokesperson said: “That the OIC does so at the behest of a serial violator of human rights and an unrepentant promoter of cross-border terrorism makes its action even more questionable. Such statements only undermine OIC’s credibility.”

In its statement, the OIC’s General Secretariat had said that it reaffirms its solidarity with the people of Jammu and Kashmir in their quest for the right of self-determination.

Further, the grouping called on the international community to enhance its efforts to resolve the issue of Jammu and Kashmir in accordance with the relevant resolutions of the United Nations Security Council.

The abrogation of Article 370 in 2019 ended the special status conferred to the erstwhile state of Jammu and Kashmir. The Central government then moved to reorganise it into two Union Territories — Jammu and Kashmir and Ladakh.

The Chief Justice of India (CJI), D.Y. Chandrachud, said that Jammu and Kashmir held no internal sovereignty after accession to India.

He added that there was no prima facie case that the President’s 2019 orders were in bad faith or extraneous exercise of power.

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SC upholds abrogation of Article 370

A five-judge Constitution bench of the Supreme Court unanimously upheld the validity of the Union government’s 2019 decision to abrogate Article 370 of the Constitution…reports Asian Lite News

The Supreme Court on Monday said Article 370 of the Constitution was only temporary. The decision by Supreme Court implies that Article 370 cannot be restored in Jammu and Kashmir.

A five-judge Constitution bench of the Supreme Court unanimously upheld the validity of the Union government’s 2019 decision to abrogate Article 370 of the Constitution which conferred the special status of Jammu and Kashmir, while pointing out that Article 370 is a “temporary provision”.

A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant said, “It can be garnered from the historical context for the inclusion of Article 370 and the placement of Article 370 in Part XXI of the Constitution that it is a temporary provision.”

Meanwhile, on Supreme Court constitutionally validating the removal of Article 370, Group Captain Mahesh Upasani (Retd) said, “The nation welcomes the Supreme Court’s decision on Article 370’s abrogation. The abrogation itself was a death knell for the separatists and today’s decision of Supreme Court is a historic decision on a historic initiative of Modi Government. I construe it as a tribute to those who have laid down their lives in protecting the unity of a country and also J&K especially…”

Furthermore, Senior advocate and Rajya Sabha MP Mahesh Jethmalani termed it as “historic decision.”

“It’s a historic decision. The whole country should be very happy. It marks the Supreme Court has given its imprimatur, its seal on the complete integration of Jammu and Kashmir with the country and they’ve upheld even the reorganization aspect part of it. They’ve recognized the validity of Ladakh being a separate Union territory,” he added.

YSRCP MP V Vijayasai Reddy said that the mistakes that Nehru ji and Indira ji committed insofar as Kashmir is concerned, that can never be forgotten in the annals of Indian history.

“The mistakes that Nehru ji and Indira ji committed insofar as Kashmir is concerned, that can never be forgotten in the annals of Indian history. The problems faced by Kashmiris till Article 370 was abrogated, are also because of Congress’ misdeeds and misrule. Now that Article 370 has been abrogated, the blunders that Nehru ji and Indira ji committed have to be undone. So, the present government has to undo the blunders committed by Nehru family who I have described as ‘pseudo secularists’…Now that the BJP has taken appropriate measures in abrogating Article 370, the issues would be sorted out and peace would prevail in Kashmir…Opposition walked out because they were not in a position to respond to the issues that had been raised by the treasury benches and the Home Minister…They walked out on flimsy grounds,” he added.

Meanwhile, Shiv Sena (UBT) MP Sanjay Raut reminded PM Modi that he had given a guarantee in 2014 that Kashmiri Pandits would be rehabilitated back at their home in the Valley.

“This is a very important verdict. PM Modi had given a guarantee in 2014 that Kashmiri Pandits would be rehabilitated back at their home in the Valley. That the Kashmiri Pandits would be rehabilitated in 2024 and they would also receive their right to vote – PM Modi would have to give the guarantee. Otherwise, he should tell the country that he lied and this was just ‘jumlebaazi’ on Kashmiri Pandits. If you can bring PoK to India by 2024, do it and our dreams for ‘Akhand Hindustan’ would be complete. Have elections in J-K in 2024,” he said.

During Union Home Minister Amit Shah’s reply to the discussion on J-K Reservation (Amendment) Bill, 2023 and J-K Reorganisation (Amendment) Bill, 2023, the Opposition’s walkout from Rajya Sabha on which JMM MP Mahua Maji said that some words were objectionable.

“They were very insulting. So, it was decided to walk out. The address was very one-sided. Attempts were being made by the current government to take all credit. It seemed as if the previous governments did nothing in all these years,” she added.

Congress MP Rajiv Shukla said that Opposition MPs walked out because when there was a discussion going on J-K’s issue, he (Amit Shah) constantly kept saying ‘Ghamandiya gathbandhan.’

“Our LoP stood up and asked him to speak on Kashmir’s issue, and why he had so many issues with the INDIA alliance,” he added.

Congress MP Pramod Tiwari said that there was no reply, it was “gaalion ki bauchhar”.

“The one who is no more in this world was also abused. We walked out as ‘ghamandiya’ term kept being used even when the entire House raised an objection. But he didn’t withdraw the remark as he was drunk in arrogance. So, we thought it better to boycott the House and not listen to abuses,” he added.

Shiv Sena (UBT) MP Priyanka Chaturvedi said, “Whenever we were diverting from J&K’s issue, we were getting reminders from the Chairman not to divert away from the topic but when Union HM in his reply, diverted from J&K’s issue and started speaking on Dheeraj Sahu and his corruption, we decided to walk out from the Parliament…” (ANI)

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Indo-European Kashmir Forum holds event in UK on Article 370 abrogation

Some special guests from the USA like renowned Activist Vijay Sazawal also joined the event through Zoom call…reports Asian Lite News

The Indo-European Kashmir Forum (IEKF) UK along with the Hindu Council, UK, organised an event to mark the fourth anniversary of the revocation of Article 370 from Jammu and Kashmir here on Saturday.

Bashad Assad was one of the guests at the event who is on a visit to London from Kashmir. Assad is a journalist, writer and political activist.

Some special guests from the USA like renowned Activist Vijay Sazawal also joined the event through Zoom call.

The guests spoke about the improved situation in the valley since the revocation of Article 370. They also mentioned the increase in tourism over there, as well as the improvement in trade and jobs in the region.

However, it was noted that a lot still needs to be done for Kashmiri Pandits as a community so they can be rehabilitated in the valley.

The guests further added that justice needs to be served to the community by punishing the perpetrators of Jihad in the Valley in 1989 and early 90s.

The Centre abrogated the special status of Jammu and Kashmir under Article 370 on August 5, 2019, soon after the second term of the PM Modi-led government began. The union government revoked Article 370 and Article 35 A which accorded special status to the state of Jammu and Kashmir.

Meanwhile, a five-judge Constitution bench of the Supreme Court began hearing a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir.

The Constitution bench comprises Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya. (ANI)

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End of Article 370 revives spirit of Kashmiriyat  

The UT is emerging as an attractive investment destination and big companies are showing interest in investing in J&K, writes Deepika Bhan…reports Asian Lite News

In the fifth year since the abrogation of Article 370 and the bifurcation of the erstwhile Jammu & Kashmir, it is time for Kashmiris to reflect back and count the gains and losses.

The gains are visible and noticeable, but the losses are deep within, manifested by broken communities and crashing identities.

On August 6, 2019, Parliament approved the resolution to repeal Article 370, paving the way to truly integrate J&K into the Indian Union. And since then, a series of measures have been taken to normalise the terror-stricken place and the results are there before everyone to see.

For the first time in the history of Jammu and Kashmir, a record 1.88 crore tourists visited the UT in 2022. From January 1 to June 19 this year, more than 15,000 foreign tourists have flocked to the Valley.

The surge in the number of international tourists is a big leap from the figures of the previous year, when 4,028 foreign visitors arrived in the same period.

The UT has seen a remarkable reduction in organised stone pelting incidents linked to the terrorist-secessionist agenda. The number of such incidents, which stood at 1,767 in 2018, has dropped to zero this year.

The G20 Tourism Working Group meeting in Srinagar this past May, which was attended by 17 member countries, was a watershed moment in the UT’s tourism history.

The UT is emerging as a vibrant, fast-growing and attractive investment destination and big companies from across the country and abroad are showing interest in investing in J&K. The New Central Sector Scheme for the Industrial Development of Union Territory of Jammu & Kashmir, with an outlay of Rs 28,400 crore, has received 5,372 investment proposals worth Rs 70,000 crore.

With the extension of 890 Central laws to J&K, the repeal of 205 state laws and modification of 129 laws after the abrogation of Article 370, a system of equitable justice has been established for all sections of people.

The rights of weaker sections such as the Scheduled Tribes, other traditional forest dwellers, Scheduled Castes and Safai Karamcharis are now ensured by the application of the relevant Acts. Quota rules have been amended to extend the benefits of reservations to the left-out categories such as the Pahari-speaking people and the economically weaker sections.

For the first time the spouse of a J&K domicile is now deemed as one too. Earlier, spouses of Permanent Resident Card holders were considered one a par, but still not regarded as domiciles.

The list of gains is too long.

The benefits that the people are now getting are unprecedented in the region’s history. Perhaps, that is the reason for the mass silence in Kashmir.

There are no protests, stone pelting or shutdowns even as day-to-day hearings of the petitions pertaining to Article 370 continue in the Supreme Court. Even the local press, which played a dubious role in fomenting terror in the late 1980s, and came across as mouthpieces of separatist groups, have avoided any debate over Article 370.

There has been silence since August 5, 2019, when Union Home Minister Amit Shah announced in the Rajya Sabha that the government has scrapped the special status granted to the state of Jammu and Kashmir by modifying Article 370 of the Constitution.

The same day the Rajya Sabha also passed the Jammu and Kashmir Reorganisation Bill, which proposes the bifurcation of the state into two union territories — Ladakh and Jammu & Kashmir.

The unexpected decision stunned the people in Kashmir into silence. What added to this was the indifference of the big powers and the rest of the world to the Government of India’s action. Pakistan did go ballistic, but no one in the world cared and has not in the last four years.

This added to the shock and created fear among the anti-India forces in Kashmir. The strong action taken by the various central agencies against terror and separatist groups, including the Pakistan-propped Hurriyat Conference, has reassured the masses.

The crackdown has blunted the so-called ‘invincible’ image of the terror bogey created by Pakistan and its supporters in the valley.

The people are no longer behaving like the ones who used to follow the Pied Pipers of Pakistan. They are silently picking up all that they are getting after the abrogation of Article 370.

Even as the nation celebrates Kashmir Integration Day, the people in the valley need to reflect on this day.

Mahatma Gandhi visited the valley on August 2, 1947, and had said “Kashmir is a ray of hope”. He had also said, “If anyone can save Kashmir, it is only the Muslims, the Kashmiri Pandits, the Rajputs, and the Sikhs who can do so.”

But terrorism laid bare the faultlines in the state as the minorities were targeted and forced to leave en masse.  Around 7 lakh Kashmiri Pandits and hundreds belonging to other religious minorities fled the valley — and the majority community remained silent.

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Three years of ‘calm’ Kashmir

The Valley is a far cry from the days when an anxious father put a crash helmet on his school going son’s head to protect him from stone pelters…writes Sheikh Qayoom

Kashmir after abrogation of Article 370 has been more peaceful than it ever was since 1989, when separatist violence started here.

For the last three years, educational institutions have been working normally as parents do not fear that their children could be caught in stone pelting en route.

The Valley is a far cry from the days when an anxious father put a crash helmet on his school going son’s head to protect him from stone pelters.

Schools, colleges and universities have been functioning normally for the last three years as the common man moves around freely without being caught in the crossfire of the militants and the security forces.

Not that incidents of violence have completely stopped, but these have become an exception rather than the rule they had been before Article 370 was abrogated.

Folk artist from Jammu and Kashmir at the press preview for the Republic Day Tableaux, in New Delhi. (Photo_IANS)

As peace steadily, but surely returns to Kashmir, people have started obeying the rule of law. Separatists have seldom given a shutdown call during the last three years.

People would erect roadblocks and disrupt traffic on the drop of the hat before 2019, a fused electric transformer, erratic water supply and even on marital disputes long queues of blocked traffic were seen across the Valley.

The patients going to hospitals, students going to schools and government employees going for their duties remained stranded in those queues endlessly.

Nowhere after the abrogation of Article 370 were such holdups ever seen.

People are regularly paying government bills and the government employees deployed on collection of electricity bills, water supply, etc., are doing so without any fear of being attacked.

All such incidents are now things of the past. Central laws are directly applicable to J&K and the devolution of funds is done in consultation with the Lt Governor’s administration.

The Ranbir Penal Code (RPC), which applied concomitantly with the Indian Penal Code (IPC), has ceased to apply. One country, one penal code and one criminal procedure code has become applicable to J&K like the rest of the states and UTs in the country.

Farmers and orchardists are promised better deals on agricultural and horticultural produce. Lands are likely to cost more and for the first time, the conversion of agricultural land for other purposes has been allowed.

Foreign direct investment and that from domestic industries is now available. The biggest hurdle to establishment of industry before abrogation of Article 370 had been the availability of land.

Plots of land have been earmarked in every district for setting up industries. Incentives and concessions are being afforded to new industrial units. Monopolies in industries and services like hospitality are already on their way out.

Major players in the industrial and hospitality sectors are invited to come forward and contribute their bit to the overall development of Kashmir.

Tourism touched a record footfall in 2022 and 1.88 crore tourists visited the place last year.

Even when the summer tourism is yet to start, all hotels, houseboats and guesthouses are running flush with the tourists. New and unexplored destinations have been opened up and homestays have already started as law and order improved remarkably after abrogation of Article 370.

Instead of political pressures and pulls under which the local administration had been working, single line administration headed in each district by the district development commissioner is believed to hasten the pace of decision making.

Having said this, the absence of an elected government has widened the gap between the government and the common man.

Elected Panchayats and urban local bodies with sufficient powers are in place, yet these are no alternative to an elected government with MLAs and ministers functioning as representatives of the people.

Although the Lt. Governor and the district development commissioners of the 20 districts in the UT hold public outreach meetings, these are not as result oriented as those of the elected government representatives.

For the common man to go to the Raj Bhawan and even enter the offices of the district heads is not an easy task.

Layers of officialdom and protocol always prevent the common man from freely voicing concerns to the bureaucrats.

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Two years after Art 370’s abrogation, people hopeful of ‘Naya Kashmir’

It is reasonable to expect that two years are not enough for the results of development to become palpable on the ground, argue the supporters of J&K’s total integration with the rest of the country…reports Sheikh Qayoom

Two years after abrogation of Article 370, hope for a prosperous “Naya Kashmir” is alive despite doomsday proponents calling it a “pipe dream”.

Rome was not built in a day, argue the supporters of “Naya Kashmir”.

The Lt Governor Manoj Sinha-led administration is confident that the developmental push and its anti-corruption effort are visible on the ground.

“Envisaging projects is a matter of paper work and implementing these on the ground with the huge funding needed to do so, is a different ball game.

“Huge funds are being spent on every developmental project in J&K. Despite the constraints imposed by the pandemic, the administration has not allowed a single developmental project to be put on hold,” said a senior government official.

It is reasonable to expect that two years are not enough for the results of development to become palpable on the ground, argue the supporters of J&K’s total integration with the rest of the country.

Ironically, the disempowerment of traditional politicians was seen in J&K as the empowerment of the common man.

“Those who played the king are now worried about losing their personal assets. This is a positive sign, but people need ground level translation of the intention to empower us,” said Sajad Ahmad, a shopkeeper in old city Srinagar.

Detractors, however, say they don’t see the brick and mortar needed to realise the promised dream of making J&K the jewel in the country’s crown.

“Not a single developmental milestone has been laid during the last two years. Be it the laying of the new roads, building of power projects or the construction of the rail link and tunnel making, all these were started during the tenure of Dr Manmohan Singh.

“Just give me one example of any developmental achievement we have seen during the last two years,” former Chief Minister Omar Abdullah noted.

But BJP state unit chief Ravinder Raina retorted: “Those who lost their kingdom cannot be expected to see anything good happening after their ouster.”

While politicians on the either side of the divide cannot be expected to agree on post August 5, 2019 developments, the common man in J&K says the last two years have been very hard and trying for him.

“One year after abrogation of Article 370 and downgrading of J&K into a Union Territory, there was a literal washout of the tour and travel industry.

“Hardly any tourism happened in post August 5 period of 2019.

“We waited for the same to pick up in 2020, but that did not happen. During the two months, however, tourism has started showing up.

“The pandemic is largely responsible for slowing down of our economy, but at the same time, there has been little administrative effort to support those whose bread and butter depended on the hospitality industry,” said a hotelier on the famous Boulevard Road by the banks of the Dal Lake.

People dependent on hospitality industry, or cottage industries like shawl, wood carving, papier-mache etc need market.

“We have been promised free market for our handicrafts and once the middleman is eliminated, we would get the full benefit of our labour,” said Muhammad Raza, a papier-mache artisan in Srinagar.

The government says it has created avenues for better markets for local horticulture, handicrafts and other local industry.

“The biggest impediment in setting up industries in J&K has been the shortage of electricity. The government has built new projects, made arrangements for import of electric power from outside and within the next 4 years, J&K should be self-sufficient in electric power,” said another senior government officer.

One major grievance during the last two years has been that people are not able to reach the administration for redressal of their grievances.

“That is where you need a political government with elected representatives. Unless those running a democracy are elected by the people, you cannot expect the common man to be heard with patience,” J&K Apni Party President Syed Altaf Bukhari said.

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