ARTICLE 370 - A FRAUD

A friend of mine while discussing Article 370 suddenly retorted back by saying, why cannot we abrogate this article since this is an article present in the constitution of India. If we can have hundreds of amendments in our constitution, why not amend this one as well.

I always believed that it is always in the scope of the Indian Parliament to remove or amend this Article. I could have replied to my friend inboxing the details, but I thought to share it here on my wall for all my friends to know and evaluate.

We have to understand in the politics that is being played around Art 370, the separatist class of Kashmir and the main stream parties like NC and PDP have created an euphoria about this article in Kashmir and are breeding separation while invoking this article. They have over these years weaved a web of lies about this article to keep their hegemony alive, so if in other words we should know that all those who are opposing the abrogation of this article are actually directly deceiving the people of J&K and not the Government of India.

We know that this article has nothing to do with the Permanent Resident certificate or State Subject Certificate which hinders the Indian citizens who are not the subjects of this state to purchase any immoveable assets in this state. It is a matter of separate concern that it was Sheikh Abdullah who trespassed PRC laws to allocate the Tibetan refugees in Hari Parbat region. However this is not the point of our discussion here, Our discussion is only related to the Misuse of the Artcile 370 by the Abdullah Dynasty.

Here we need to understand that Article 370 is not the bridge which is connecting J&K with the rest of India, as said often by the sepratists and politicians of this state and in all naivety repeated by the Union ministers, we need to know that it is the Instrument of Accession signed by the legal heir, and the Maharaja Hari SIngh Bahadur with the government of India which acts as the actual bridge. It is also pertinent to mention that Maharaja signed the same IOA which the other princely state totalling aroung 535 in number signed with the Indian Dominion.

With the election of new regime in India the discussion and debate on the relevance of  Article 370 for the state of Jammu and Kashmir we need to know if this Article has indeed benefited our state or kept it backward on grounds of Economic growth, Infrastructure development, Governance and other allied fields. After evaluate its benefits, I came across none, but the upholding of the hegemony of the elitist and hindered the complete Indianization of J&K. And as far as its misuse is concerned we can easily pin point certain grave demerits.

 

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009. This central law has earmarked Rs. 2310 billion for RTE for five years and the center pays 70 % out of it. In the height of political upmanship our State government did not incorporate this Act in the constitution of J&K. This if analysts in the ministry of HRD, GOI,  are to be believed , our state is losing around 5000 crores from the central funds to implement this scheme of free and compulsory education.

While our CM, Jenab Omar Abdullah voices his concerns about Autonomy to the state, he seems to be missing  something in his back yard. While talking high on rhetoric and low on logic he has not incorporated the 73 rd and 74 th amendment of the constitution of India which provide autonomy to the grass roots of the governance - The Panchayats. If analysts are to be believed our state is losing around thousands of crores worth funds meant for the development at the grass root of governed units. That what would have led to genuine autonomy has been reduced to a liability by this state. How Shameful?  These are just two miniature examples about the misuse of this article by our political bosses.

We the Subjects of this state have to decide, if this is needed or not in the current times which can be only evaluated with one yard stick and that is the betterment of the Subjects of this state. If we go back into the days when this Article was being incorporated in the COI, it was decided that this article can be revoked with the presidential order , the same order which gave it life. However , this Article turned out to be a fraud with the constitution of India. There was also an understanding that before the end of the Constituent Assembly of the State, this will be abrogated by the constitutional assembly. However, Sheikh Abdullah back stabbed the trust which was entrusted in him by the Parliament of India. He endorsed the Accession signed by Maharaja but declined to abrogate it. Thus, the only plea to the policy and law makers of this nation is to understand this Article has led this state back to dark ages and its continuance is nothing but a fraud played by the then Wazir e Riyasat Sheikh Abdullah. We need to understand that it is always just to correct the fraud and no debate should be deemed necessary for it.

AN OPEN LETTER TO SH OMAR ABDULLAH

 

 

Through this letter,  I - The Kashmiri Pandit, aboriginal  of the valley living in a state of perpetual exile for last more than 700 years, scattered across the globe with a hope that someday I will return to my abode to settle permanently and peacefully upholding the spiritual, social and literary ideals established by me before turmoil broke in valley.

 

It is this Kashmiri Pandit who was listening to your speech in K K resort , Jammu on January - The Fifth of this year with rapt attention trying to understand the crux of your speech. This Pandit appreciates your addressing the community with the salutation so dear to our heart ... Namaskar! Since we have buried any expectations from the majority community long back, but you seemed to break the ice well with this address. In the opening remarks when you said, “If I really deserve your Ashirwad and I have not done enough to deserve this Dastar (Head gear) you were more candid and truthful. Your candid and truthful expression was at its zenith when you admitted that the return of 1500 unemployed youth of the community is not the barometer of peace. 

 

However after this statement you changed tracks and switched over to accusative mode without applying logic to your statements you contradicted most of your thoughts in the rest of your speech.  To Begin with you were in a sort of hurry to denounce and negate the preceding speaker Pt R K Bhat-your host, who said, he doesn't have any mandate from the community for return, adding return must go through the process of consensus and the whole community should be involved in this act. I am sure this comment didn't go well with you and you hastened your reply by saying that our community is using the word ‘consensus’ to evade return. This seemed to be utterly unjustified for the reasons well known to you. You further went ahead and said; KP community in entirety does not wish to / will not return.

 

This statement pierced my heart since not even a singe day elapsed in last 23 years when I didn’t have visions of my Homeland. I further received a shock when you said, ‘we cannot wait for consensus’ thus dashing all my hopes of a dignified return. I firmly believe the decision of leaving the valley was my own and I reserve the right to set of terms and conditions of my return now.  Thus with this remark you exchanged tracks from a truthful person to a dictatorial entity who for all obvious reasons wants to prove that your government has brought back peace in valley and return is an important component in that claim.

 

I second you over the fact that most of the community members do not wish to return now, even though in the heart of their hearts they long to, but with your hastened conclusion you did not lay even a single thought as to why, this pandit is not willing to go back now. Did you place your “evasive” comment in the context of the historical records and evaluate the rejection of return formula by our community. Nay! Mr Abdullah you did not, you evaded instead to venture into troubled waters of time since in your innate self you know the answer to this as I believe you have surely read Mahroom Sheikh Sahib in Aatish-e-Chinar when he equated Kashmiri Pandits as fifth columnists. I will not dwell into past history since I don’t wish to make this letter rhetorical otherwise there is ample to convey.

 

Then as your speech progressed, you seemed to realize the folly and tried to correct it by saying , ‘No one can take the community back forcibly as it is the lacking sense of security which is keeping the pandits away from valley’ This was another truthful admission that you have not been able to improve the security scenario of the valley, which in your thoughts will be the barometer of return, though I beg to differ.  You lambasted your won arguments with your truthful admissions, since you have already taken 1500 youth back to valley and the same number is in offing. Should we construe that those taken back to valley are being used as guinea pigs in your experiments of bringing peace.

 

In your address you made a very illogical and insensitive reference towards the pitiable condition of Jagati Dwellers. It seemed you were lying when you said, ‘we never wished to put jagati in trouble’ since as per your admission just after making the above remark you said that you were told by your officials that there are “FEW AIRCONDITIONERS” in jagati . How do we justify making 95% of dwellers suffer just because there are few air conditioners in there? Alas! You never knew that this hapless lot belongs to the cold climes and living life in hot and humid climate is not in our blood. You could have been more humanist while dealing with these few air conditioners.

 

I – The Kashmiri Panit congratulate you for completing 5 years in governance and appreciate your gesture of celebrating this day amongst this exiled community. However, I would humbly request you to leave this battered community in their current state of uncertainly and agony, since I firmly believe that this state is far batter than the state of repeated and forced exiles. We donot not wish to continue with this vicious cycle of EXODUS and RETURN. We want a permanent settlement of fate through the realisation of this Geo-Political Aspiration. We want Homeland! Nothing less; Nothing more!