Daya Sagar Happen
Nothing bad will happen, only requirement is that ‘we’ carry to our people that the spirit behind the action is of the common good and that of the ‘soul’ of Constitution of India.
Please do not mix up the affairs while discussing J&K affairs pointedly focusing on the names of Hari Singh, Jawahar Lal Nehru, Sheikh Abdullah , Mehbooba Mufti S . Patel etc. even after more than 7 decades of the then Indian princely state of J&K acceding with/to India and Constitution of independent India having come into place.
As far as ‘innocent’ Kashmiries are concerned no political party so far has been pointedly truthful in handling and addressing J&K political affairs.
While addressing the issues and questions regarding Art-370 and Art-35A of COI it is no use referring to Hindu, Muslim , Buddhist population in prominent regions of Indian state of J&K or clans like Gujjars , Bakarwals etc.
More over one has to be very clear in understanding of subjects that need be referred so that the myths & doubts about J&K being “total” India ,where ever are there in the minds and “hearts” of any locals, are if not removed they are atleast not allowed to strengthen or grow further to the liking of those who promote separatist ideologies or distancing constitutional provisions. For instance (i) one who ventures into discussing the issues related to J&K must first not so casually use terms like saying that people in J&K have two citizenships when fact is that people of J&K have only one citizenship i.e Citizenship of India.
To be a permanent resident of J&K one has first to be Citizen of India (ii) J&K is constitutionally an integral part of India and who so ever uses / has used in the past the expressions like ‘abrogation of Art370 / Art 35A is needed’ for ‘full integration of J&K state into India’ in a way testifies the statements of those who plead that J&K has not yet merged with India or J&K is not ‘total’ India (iii) there are leaders not only from parties like J&K National Conference , J&K PDP , J&K PC but also from the All India parties like Congress and even BJP who talk of some specials in J&K linked to 1947 Accession and they uncontested appear professing like
(a ) that while other Indian princely states in 1947 signed to instruments with India dominion i.e first that of Accession and then that of Merger thereafter , Maharaja Hari Singh of J&K had signed only one i.e Accession and instrument of merger had not been signed and one very senior leaders had said so even on the floor of Rajya Sabha on 10–08–2016 where as there was no any requirements like that of signing some other instrument like Instrument of Merger with India Dominion by the Princely states but the said leader had gone uncontested by the Ministers present in Rajya Sabha and even by the GOI thereafter as per the information available in public domain
(b) like some leaders introducing Art-370 of COI as a symbol of promises /commitments made with the ‘Kashmiries’ for having acceded with India Dominion in 1947 worth treating them ( J&K ) constitutionally in a special manner ( some even say that J&K was then a muslim majority state and the then Indian leadership had committed to maintain muslim majority character of J&K where as it was the King and not the people who was to decide the accession) and even after 2013 some from prime political parties have gone to the extent of saying some thing like “ Art-370 hum Kashmirion ka hai ,isko koyi hum se sheen nahin sakta , jis din koi sheene ga , mein pehli hoongi jo bandook uthaoon gi” but have still survived with ‘status’ as well as concept / conviction with no regrets
(c) GOI has so far not been able to draw a clear line between the separatist & mainstream ideologies and some in J&K may not be considering rejecting those who are referred as ‘separatist’
(d) there could be some more references . ..
Ofcourse it can be professed that more of the need for discussion on Art370 and Art35A has emerged since these two “article” have been allowed to be used by some to project that J&K is a distantly placed Indian state in-comparison to Indian states like Punjab or UP. J&K affairs in case are handled rising above political gamesmanship, one need not worry about what “will happen in J&K” in case Art35A, Art370 of the COI are treated for their modification/ amendment/ deletion / rescinding in the greater interest of the spirits laid in the constitution of India and procedures there in for amendment of the constitution of India.
As regards Article -35A of constitution of India to me the question is not of abrogating this article or deleting this article from COI, the question is does this Article constitutionally even exit? In my considered opinion this article does not even exit as a valid Article of Constitution of India and that in my opinion is the question even before the Apex Court. So in case my opinion is held by the apex court then the question is not of deleting or abrogating Art35A but it is more of rescinding it since constitution of India can not be amended to add a new article namely Art-35A by a presidential order as has been done in the case of Art35A since Art370 (1d) does confer any authority on President of India worth amending the Constitution of India so as to add a new article.
As regards Art370, has named as a temporary Article in COI and could be taken care by using the provisions that exist in the Constitution of India but ofcourse the people of J&K have to be taken out of the myth that Art370 gives a special status to people of J&K since some people use only that thinking for agitating some locals when ever some references are made to Art 370. No doubt GOI in a written reply to Rajya Sabha Q*138 has said on 11th Mar 2015 that Art 370 does not give any special status to J&K in COI but many leaders who voice for Abrogation of Art 370 too often talk of ‘some’ special status of J&K. Where as need is to take to common people , particularly as of Kashmir Valley, the losses / damages they suffering due Art-370 being there in present form and if done so seriously / judiciously the venom against GOI that some may try to inject in the name of Art-370 giving special status to people of J&K projecting it as a distancing symbol from India for betterment of “permanent residents of J&K” will not work for making people rise against GOI when some questions are raised on Art-370.
It will not be wise to link migration of Kashmiri Pandits and Sikhs from the Kashmir Valley , Families displaced due to regular firing along the Line of Control (LOC) with Pakistan, problems faced by The people of Ladakh and like just with Art-370 and Art35A . In case these articles are not valid constitutionally / are not in the greater interest of the people it is for the people of whole of the state and not for only Jammu or Ladakh regions.
So, in case Art-370 and/or Art-35A are judiciously considered by GOI / Parliament for modification / deletion/ abrogation/ rescinding in the interest of the people of India as the times may demand, nothing bad will happen, only requirement is that ‘we’ must be able to carry to our people the message that spirit behind the action is of the common good and it rests in the ‘soul’ of Constitution of India.
(Daya Sagar is a Sr Journalist & analyst of J&K Affairs. dayasagr45@yahoo.com 9419796096)
