Apex Court upholding the abrogation of Article 370 is defeat of the so-called progressives

 

The decision taken by Modi government in August 2019 to revoke special status granted to Jammu and Kashmir under Articles 370 and 35(A) was recently upheld by the Constitution bench of the Supreme Court. For 72 years from 1947 to 2019, Jammu and Kashmir was a part of India but was never governed by the Constitution of India. The Constitution of Republic India, as drafted by Bharat Ratna Dr. Babasaheb Ambedkar, was based on 3 principles – freedom, equality and fraternity, but many sections of the constitution were not applicable to this state.

The rights conferred by Dr. Ambedkar’s constitution to the women and the backward classes were denied to them in this state due to Articles 370 and 35(A). Even after the merger of Maharaja Hari singh’s Kashmir with India, the ‘royal family tradition’ continued for decades.The Congress, that had been ruling the country for the longest period of time, as well as the communists and socialist ideological intellectuals, writers and journalists and those who represented these ideologies in the Parliament always kept people of Jammu and Kashmir deprived of their constitutional rights. Under the guise of democracy, the families of Abdullah and Mufti kept threatening the people that if Articles 370 and 35(A) are abrogated, it will not take long for Kashmir to secede from India and that is how these people wielded unrestricted power like the royal families. Mehbooba Mufti went so far as to threaten the people that if Article 370 is revoked, there will be no one left to hoist the tricolour in Kashmir.

Now, with the abrogation of these articles, the protection enjoyed by these families has been removed. We can now say that the state has become democratic in its true sense. The ‘separate identity’ that Jammu and Kashmir had got due to these clauses was deliberately reflected in ‘religious identity’. During the formation of independent India, more than 500 institutions had got merged with India without any preconditions but the kingdom of Raja Hari singh came with loads of terms and conditions. When we look into the history, we will find answers to why Kashmir was given the luxury of an independent entity which was ably rectified by the Modi government with great courage.

The leaders of the past used to deliberately paint Kashmir as ‘Hindu-Muslim’ issue to fuel their political aspirations . Because of these clauses, the poor Muslim community of that state was mired in poverty for a long time, but these leaders ignored their plight very conveniently.Industrialists were refraining from coming to this state. Reason – the restrictions imposed by Article 35(A) on sale and purchase of land in this state. Kashmir’s economy, that was solely dependent on tourism, went in deep crisis after the outbreak of terrorism since 1989. The anti-Indian forces used the unemployed youth and intoxicated them on the issue of religion against India. And before anybody could realize, the Kashmir Valley became a puppet in the hands of the anti-Indian forces. Children, youth, senior citizens and women were handed stones for pelting in return of paltry gains. Care was taken to ensure that Kashmir continues to burn by instilling hatred towards the Indian soldiers in the minds of children since a very young age.

Kashmir’s nightmare gradually ended after Modi government came to power. In the last 9 years, i.e., after getting rid from the intoxication of religion, Kashmiri people started experiencing the joy of peace and development thus bringing an end to the support and help given to the terrorists. For 72 years, Kashmir’s power was concentrated in the hands of only 3 parties – the National Conference, the Congress and Mufti’s PDP and their rulers made sure to ignore the overall development of Kashmir. The Panchayat Raj system that was implemented throughout India with decentralization of power with local self-government bodies like Gram Panchayats, Zilla Parishads and Municipalities was present in the rest of the country for redressal of common man’s grievances, but Kashmir never had such redressal forums.

Both, Abdullah and Mufti’s families deliberately avoided giving viable alternatives like local self-government bodies and as a result, the people there remained deprived of basic infrastructural facilities like electricity, water and roads. According to the provision of Article 35(A), if a woman hailing from Jammu and Kashmir gets married to a man from outside the state, her citizenship of Jammu and Kashmir would come to an end. Her right to her parents’ property would also get terminated. This article, that always remained unfair to the women of Kashmir on the basis of gender, has never bothered the so-called progressives who demand for women’s freedom, equality and democracy. Due to these clauses the deprived sections of the society could not get reservation In Kashmir.

Modi government has not only approved reservation in jobs and education to the backward classes but has also given them political reservation. In fact, for 72-long years, neither the Congress nor Abdullah or Mufti tried to provide business, trade and industry opportunities to the people of Kashmir except tourism. Modi government approved saffron trade centre in Kishtwar district. Through this centre, efforts are made to increase the production of saffron by imparting necessary training to farmers. Modi government has also taken many decisions for the development of apple and walnut trade. The government is trying to procure technologies like ‘high density plantation’ and ‘clonal root stock’ methods from Italy and Netherlands to double the production of apples, cherries and walnuts.

Today, apples are cultivated on 136 hectares of land using these methods. Jammu and Kashmir saw investments worth Rs 15,000 crore in the last 72 years whereas in the last 4 years, investments to the tune of Rs 56,000 crore have already reached Kashmir. Even people residing in Jammu and Kashmir for public or private job purpose were not entitled to get domicile certificates, but now they are able to get it. For the first time in the last 70 years, 50 new degree colleges have opened in Jammu and Kashmir, electricity has reached every village, almost 3.80 lakh households have received electricity in Kashmir.

Under the Ayushman Yojana, the poor are getting free treatment up to Rs 5 lakh. Nearly 77 lakh people have got health cards to ensure that they do not spend even a single penny for their treatment. The Modi government has also provided houses to 2 lakh people in Jammu and Kashmir under the Pradhan Mantri Awas Yojana. Modi government’s efforts to bring students of Jammu and Kashmir into the mainstream of education through institutions of higher education like IIMs, All India Institute of Medical Sciences is also succeeding.

With peace prevailing in the Kashmir Valley, flow of tourists has now increased. Till the time when this article was being written, more than 2 crore tourists have visited Kashmir this year. The ordinary Kashmiri citizen, who was fed up with constant clashes between the militants and security forces, is now walking freely on the streets of the Valley. Construction of roads, highways, tunnels, flyovers has also strengthened local industries. Now the youth is getting lured with educational and developmental avenues from the country and abroad. Union home minister Amit Shah had said in the Parliament that the hands that once held stones and guns are now seen carrying laptops. Leaders who indulged in politics of religion deprived majority of the Muslim youth of higher education. But Modi government removed this injustice and brought in a new era of development in Jammu and Kashmir.

 

(Article Pre-Published in Times of India -18 December. 2023)

Keshav Upadhye, Chief Spokesperson