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| Source: Google |
White Hat-Facts/ Figures
After the partition, Article 370 became a part of our
constitution, granting autonomy to a state which feels muddled by the
countries fighting for it.
Jammu & Kashmir is one such Indian state wherein
Article 370 was firstly initiated. Reasons being, inclusion of
plebiscite in the Instrument of Accession, reference of Kashmir to UN
and Lumbered Indian defense.
Article 370 enabled Jammu & Kashmir to scorn all the
decisions and laws enacted by the Parliament of India, apart from
those in the field of defense, Foreign Policy and Communication,
which are implemented in J & K after getting ratified by the
state legislature of Jammu & Kashmir.
According to Nehru, Article 370 was a temporary
provision which would be removed from the constitution after a period
of time as it was drafted in Amendment of the Constitution section,
in Part XXI, under Temporary and Transitional Provisions.
J& K is not a state of homogeneous entity. Apart
from area acquired by Muslims, Jammu is largely inhabited by Hindus,
whereas Ladakh has a mix of Muslims & Buddhist citizens. Every
citizen of India has only Indian citizenship, but citizens of J&K
have dual citizenship.
Anti-Defection Law is not applicable to J&K. Any
outsider is barred from buying property in J&K state. Laws such
as Gift Tax, Wealth Tax, Urban Land Ceiling Act and intermarriage
with other Indian nationals are strictly prohibited in J&K State.
People's Democratic Party (PDP) led by Mehbooba Mufti
brought in a law to annul the judgment by the court to introduce a
“Permanent Residents (Disqualification) Bill” in 2004 which was
also supported by Omar Abdullah's political party National
Conference.
Yellow Hat-Optimism/Support
To have a debate or discussion on the issue of abrogating article 370 may not be a wrong thing to do but deep contemplation of how the decision might affect the valley is much needed before that.
If we look at the
history then it becomes clear that the decision to accede to India
was taken under pressure and even after National Conference took
charge of the state, there were voices of protest coming from
different parts of the state.
Tampering with autonomy
of the state after more than 70 years of Independence would be like
opening a Pandora’s Box which will revive the border issues with
neighbouring Pakistan and China and also attract strong criticism
from United Nations too.
There have been a
number of myths regarding the state too. One such myth is that women
of J&K lose their citizenship if they marry a non-resident of the
state. However, in 2004 the state High Court had made clear that no
such provision exists.
The most crucial
concern while taking such a step is to understand that abrogating
article 370 might give a push to separatist movement and lead to
escalated violence in the state. AFSPA was passed in 1990 and is
still continuing because of the problem of terrorism and to keep a
check on the separatist movement.
Another reason which is
provided is that the state is not developing fast because schemes of
central government don’t reach. However, it is also true that the
constitution provides power to president to amend the article and
this has been repeatedly used. Currently, much of the schemes and
developmental programs do reach the state.
About the restriction
for non-residents of Kashmir to buy and own property in the state, a
possible explanation can be that it helps in maintaining the beauty
as well as safety of the place. Illegal establishments and rampant
construction might breed a man-made disaster which has happened in
other hill states.
Jammu and Kashmir is an
integral part of India and it is also stated in Article 1 of the
constitution of the state. The need is to focus on maintaining peace
in the valley and also winning the trust of the people.
Black Hat-Criticism
The
special status of J&K under article 370 of the Indian
constitution has been a point of debate since decades. However, the
times have changed and thus there is no harm in reconsidering it, so
that ultimately the citizens of the state and India as a whole can
benefit from such action.
The
special status to
one particular state could evoke a feeling of the same status from
other states that have seen major secessionist movements since the
time of independence and that could create trouble for the union.
Article
370 gives autonomous status to the state of J&K and the Indian
Parliament needs the State Government's concurrence for applying
certain laws which completely disconnects the people of Kashmir from
the Indian union.
Since
article 370 was a temporary provision, delaying the decision to
completely obliterate it from the constitution will only make it more
difficult to do so in future. Hence, discussion regarding special
status and its abrogation should be encouraged because it will only
help for the betterment of the state.
The
most crucial is controlling separatist elements and bringing peace to
the valley which can only be made possible with social awareness and
a feeling of oneness with the Indian nation. That would not be
possible if the article 370 remains intact as a barrier between the
state and the country to which it belongs.
The
other point that can be considered here is that it will lead to
social amalgamation and will open the doors mutual development as the
tourism industry can easily flourish in the area. Also, full control
in the hands of Indian government will ensure swift action against
terrorist activities that will further help in catapulting the
tourism trade.
The
abrogation of article 370 and new provisions can bridge the gap
between development and end the state of constant hassle under which
the state has been for decades.
Just like the other states where people have a common identity; Jammu and Kashmir would have the same if the article is abrogated.
Just like the other states where people have a common identity; Jammu and Kashmir would have the same if the article is abrogated.
Green Hat- Creative Solutions
If we want to normalize the situation in Kashmir and
want to bring harmony to the region, the Kashmir dispute will have to
be resolved peacefully through a dialogue, keeping in mind the
aspirations of the Kashmiri people.
The revival of economy in Kashmir in the current
atmosphere of relative peace is essential. First, it helps to address
some of the grievances of the people by engaging them in development
projects, thereby further contributing to the peace process. Second,
it helps reduce the chance of conflict resurging as poverty and
unemployment are, among other factors, considered propellers of
violence. Hence, it may prove not only costly but also imprudent to
wait for the conflict to be settled fully and then to initiate
process of economic development.
The opportunities, especially in the context of economic
development, are enormous as the state is not only endowed with rich
flora and fauna and scenic beauty, but also it has a past record of
having a rich economy in the pre-independence era.
Tourism constitutes one of the main sources of income
for vast sections of the Kashmiri population. Traditional Art and
Handicrafts as Kashmiris are well adept at knitting and weaving can
boost economy. Infrastructure growth is necessary, like having
hydro-electricity project, improvement of connectivity in the region
as the rail-road mix of transport in the state quite poor.
The need of the hour is to devise a logistic
interpretation of the relevant clauses to the article, keeping in
mind the intention of the framers of the constitution. By creating a
provision for amendment, its framers never intended to bestow the
operation of Constitution with absolute rigidity but to provide for a
bit of flexibility to keep pace with the ever changing needs of the
society and to serve the ends of justice.
Amendment of Article-370, as per the present
circumstances is a myth as of now but this situation can be easily
dealt with using logistic approach and can be very diplomatically
modified to a reality.
Blue Hat- Expert Interview
Mr.
Mushtaq Ul Haq, Associate Editor at ‘The Intellectuals’ and a
renowned activist.
Q) Doesn't it make Kashmir look like not being a part of India, therefore gives separatists the right to claim that Kashmir is a free
land?
A) Historically Kashmir was never a part of
India. The idea of India was born in 1947 while Kashmir has much more older
written history than any other Indian state. Under certain circumstances it acceded
into India. Even if we believe that legally Kashmir is a part of India but
Kashmiri people have never accepted accession treaty by their heart. Accession
to India was supposed to be ratified by the people of Kashmir after 1947 which
never happened.
Q) Is it not that article 370 is a non-issue
to an average Kashmiri. Only political parties play around it?
A) I don’t think so. Article 370, for people
of Kashmir, is the basis of their relationship (with India). It is the only
link that connects J&K state with India. It grants them a special
autonomous status which they will never give up. It gives them a sense of
Identity.
Q) Abandoning Article 370 will strengthen
economic and social development of J&K, Your thoughts?
A) India can invest in J&K without abandoning Article 370. Regarding social development, People of Kashmir are the most non-communal people in whole South Asia.
A) India can invest in J&K without abandoning Article 370. Regarding social development, People of Kashmir are the most non-communal people in whole South Asia.
Q) If Kashmiris are the most non-communal people then why the Kashmiri militants grab the headlines everywhere? Social amalgamation, after abandoning Article 370, will reduce the threat of militancy.
A) How is communalism related to militancy?
The Naxalites are fighting for certain cause, the Maoists are fighting for
their interest. It’s media which gives it a communal angle. There may be a handful
of people who are communal but overall Kashmiris are non communal and
pluralistic. They don’t demand a separate Islamic state. They want the
aspirations of an average Kashmiri shouldn’t be suppressed by the Indian Army.
We have the highest concentration of army in J&K, the highest ratio in any
part of the world. For a few hundred militants, do you need such a huge number
of Army personnel? Militants have never used a communal card to meet their
demands and you can witness the support for militancy when any of them is
killed by army. If any kashmiri is killed
in a fake encounter, it helps reinforce the Slogans of ‘Azaadi’, it’s because they
feel oppressed.
Q) Indians from other parts cannot own land
and settle in Kashmir. It sends wrong signals. Article 370 encourages
separation.
A) There are many places in India in which most of the Indians can’t own land. That may be for environmental or topographical reasons like in Himachal, and political reasons too. You can’t visit Nagaland without a permit. So J&K is not an exception.
A) There are many places in India in which most of the Indians can’t own land. That may be for environmental or topographical reasons like in Himachal, and political reasons too. You can’t visit Nagaland without a permit. So J&K is not an exception.
Q) A country should have one set of Laws
and one constitution. Article 370 negates that.
A) Kashmir is different from the rest of
India. I don’t think uniform set of laws will resolve the problems of Kashmir. Why
should Kashmir be like other parts of India not the vice versa, where other
parts will have more autonomy and there is more decentralization of power.
Red Hat: Public
Opinion
Rashid Ali, Kashmiri
businessman living in Kolkata
Q)
Kashmir is in a state of turmoil. Every now and then some negative
elements wave the Pakistani and ISIS flags. Why is the situation
deteriorating in the valley?
A) There is nothing new about the situation. You need to understand that we Kashmiris have always been used by the two powerful nations, India and Pakistan. Repeatedly, our people are dying, either at the hands of Indian military or by the Pakistani terrorists. So the recent situation is quite natural as Kashmir wants to get relief from this uncertainty.
A) There is nothing new about the situation. You need to understand that we Kashmiris have always been used by the two powerful nations, India and Pakistan. Repeatedly, our people are dying, either at the hands of Indian military or by the Pakistani terrorists. So the recent situation is quite natural as Kashmir wants to get relief from this uncertainty.
Q)
Does supporting Pakistan or the ISIS seem to be a good solution?
A) The circumstances or the recent situation shows that the protest movement is supported by the separatist organization. We Kashmiris do not want any conflict, but we are frustrated because of India’s behaviour. I just want to say that whoever treats us better, we will be with them.
A) The circumstances or the recent situation shows that the protest movement is supported by the separatist organization. We Kashmiris do not want any conflict, but we are frustrated because of India’s behaviour. I just want to say that whoever treats us better, we will be with them.
Q)
Article 370 gives Kashmir a separate status. Do you think that the
abolition of Article 370 and providing equal status will solve the
situation?
A) No, the only solution would be to stop controlling Kashmiri people by extensive use of Army. We just demand to be left alone so that we can live in peace.
A) No, the only solution would be to stop controlling Kashmiri people by extensive use of Army. We just demand to be left alone so that we can live in peace.
Archana Jaiswal,
Student History (Hons), Calcutta University.
Q)
Article 370; is it a curse for the people of Kashmir?
A) In my view, the government of India has no choice but to give Kashmir a separate status. Due to a status of special state, many Kashmiris feel that they are not Indian and it also gives an advantage to the separatists to motivate the youth into joining terrorist groups.
A) In my view, the government of India has no choice but to give Kashmir a separate status. Due to a status of special state, many Kashmiris feel that they are not Indian and it also gives an advantage to the separatists to motivate the youth into joining terrorist groups.
A) I don’t think so, because the present situation in the valley is really disturbing. I think it is time that United Nations intervenes in the matter and tries to restore peace in the valley for the sake of Kashmiris.
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Introduction
Namit Hans, Former Alumnus of IIMC, Sub editor at catchnews.com, @HansNamit
Ayaz Farooqui, Alumnus of IIMC, Works at ABP News (Editorial), @ayazfarooqui
Prateek Kumar, Alumnus of IIMC, Worked at Steria India ltd., Interned at Newsgram.com, Doordarshan, Freelance Writer, @kprateek35
Arnab Mitra, Alumnus of IIMC, Works at Newsgram.com
Sanjay Kumar Bissoyi, Alumnus of IIMC, Columnist at Uday India, Orissa Post, @skbissoyee
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