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Kashmir crises explained by Dr. PAWAN AGRAWAL


Pawan Agrawal, Chief Executive Officer,

Defence and Security Alert (DSA), New Delhi, India

Genesis

Every conflict between two states has a historical background and it is quite

important to know this historical background before we review the whole

current scenario in Jammu and Kashmir. I would like to mention these facts

about Jammu and Kashmir here to start with for dear readers who may not be

aware of them and it is very important to understand the whole problem of this

integral part of India.

Jammu and Kashmir was created under the Treaty of Amritsar between the East

India Company and the then ruler of Jammu Raja Gulab Singh, a Hindu. The

entire Kashmir valley which was dominated by the Muslims was bought by this

ruler for a price of INR 750,00,00 in the year 1846. It was merged with Jammu

and Ladakh which were then under his rule. With this merger a new state was

created which we know today as Jammu and Kashmir. His successor, Maharaja

(King) Hari Singh, continued the dynasty in this state but in 1931 a movement

was started against him in the Kashmir valley on grounds that the Muslim

population, which was the majority in the valley, did not have adequate

representation in the state services at that time. Also, the fact that the ruler was

a Hindu scion of the Dogra clan irked the Muslim majority in the valley.

Political move

In 1932, Shiekh Mohammad Abdullah, the grandfather of the current Chief

Minister of Jammu and Kashmir Mr Omar Abdullah represented the All Jammu

and Kashmir Muslim Conference in its agitation for the Kashmiri freedom from

the Maharaja’s rule. In April 1932, the Maharaja appointed the ‘Glancy

Commission’ to look into the grievances of Muslim subjects and asked for

recommendations for an adequate representation of Muslims in the state

services. These agitations continued for several years under the leadership of

Sheikh Mohammad Abdullah. Finally in 1946 a Quit Kashmir movement was

born demanding the abrogation of the Treaty of Amritsar and restoration of

sovereignty. Sheikh Mohammad Abdullah was arrested for this agitation.

The first Indo-Pak War took place because of the accession of the princely state

of Jammu and Kashmir to India and resulted in a ceasefire with a front solidified

along the Line of Control (LoC) Further there were more wars between the two

countries in the years 1965, 1971 and the last one happened in Kargil in the

year 1999. Here it would be good to mention that after the 1971 war both the

governments agreed on a common agenda to release the tension in the region

and an agreement was signed by the then Prime Ministers of the two countries

which is well known as the Simla Agreement. Though this agreement existed but

it was quite unfortunate that Pakistan again launched a war against India in

1999 by attacking Kargil in the Jammu and Kashmir region.

Article 370

Article 370 was worked out in late 1947 between Sheikh Abdullah, who had been

appointed as the Prime Minister of J and K by the Maharaja and Nehru, who kept

the Kashmir portfolio with himself and kept Sardar Patel, the then Home

Minister, away from his legitimate function. Article 370 embodied six special

provisions for Jammu and Kashmir:

1. It exempted the State from the complete applicability of the Constitution of

India. The State was allowed to have its own Constitution.

2. Central legislative powers over the State were limited, at the time of framing,

to the three subjects of defence, foreign affairs and communications.

3. Other constitutional powers of the Central Government could be extended to

the State only with the concurrence of the State Government.

4. The 'concurrence' was only provisional. It had to be ratified by the State's

Constituent Assembly.

5. The State Government's authority to give 'concurrence' lasted only until the

State Constituent Assembly was convened. Once the State Constituent Assembly

finalised the scheme of powers and dispersed, no further extension of powers

was possible.

6. The Article 370 could be abrogated or amended only upon the

recommendation of the State's Constituent Assembly.

The Presidential order of 1954, officially The Constitution (Application to

Jammu and Kashmir) Order, 1954 came into force on 14 May 1954. Issued with

the agreement of the State's Constituent Assembly, it was a comprehensive order

seeking to implement the 1952 Delhi Agreement. Arguably, it went further than

the Delhi Agreement in some respects.


Ethnic cleansing of Pandits

More than five lakh people known as Kashmiri Pundits had to leave the Valley

overnight in the year 1989 when their women were gang raped, their children

were killed, their houses were burnt and they had no choice left with them other

than to migrate from their own land. All this was organised by a section known

as Hurriyat who were the local small-time politicians in Kashmir Valley who had

direct connectivity with the Pakistan Army, its Inter-Services Intelligence (ISI)

and the Pakistan-trained terrorist groups.

All these things happened and unfortunately the State government and the

Central government of India could not do anything only because of the Articles

370 and 35A. Since the law and order was under the jurisdiction of the State

government and the Central government did not have powers or it did not use

the powers to control the situation due to the political compulsions. More over

due to this soft view toward the Hurriyat gang who actually provoked the youths

in the Valley to indulge in stone pelting. Stone pelting became a cottage industry

and it became a means of earning for the youth in the absence of secured jobs

for their livelihood. There have been months when curfew was imposed in whole

of the Kashmir Valley due to the disturbance.

But finally in the morning hours of 5th August 2019, the government brought a

Bill in the Indian Parliament’s both the houses: Upper House and Lower House to

abolish Articles 370 and 35A. But before this the Central government had to

make all necessary security arrangements . This it ensured by inducting a large

number of Army and other para-military troops along the LoC and inside the

Kashmir Valley. Simultaneously all the communication network services were

suspended for an undeclared timeframe. It effectively stymied the operations of

the obnoxious Pakistani ISI and Kashmiri Hurriyat nexus.

Benefits for the Union Territories

With the abolition of these Articles the following benefits could accrue to the

new Union Territories:  As the new union territory of Jammu and Kashmir will be subject to the Indian

Constitution, its citizens will now have the Fundamental Rights enshrined in

that document--until now, this was not the case. Article 360, which can be used

to declare a Financial Emergency, will now also be applicable

.Ethnic cleansing of Pandits

More than five lakh people known as Kashmiri Pundits had to leave the Valley

overnight in the year 1989 when their women were gang raped, their children

were killed, their houses were burnt and they had no choice left with them other

than to migrate from their own land. All this was organised by a section known

as Hurriyat who were the local small-time politicians in Kashmir Valley who had

direct connectivity with the Pakistan Army, its Inter-Services Intelligence (ISI)

and the Pakistan-trained terrorist groups.

All these things happened and unfortunately the State government and the

Central government of India could not do anything only because of the Articles

370 and 35A. Since the law and order was under the jurisdiction of the State

government and the Central government did not have powers or it did not use

the powers to control the situation due to the political compulsions. More over

due to this soft view toward the Hurriyat gang who actually provoked the youths

in the Valley to indulge in stone pelting. Stone pelting became a cottage industry

and it became a means of earning for the youth in the absence of secured jobs

for their livelihood. There have been months when curfew was imposed in whole

of the Kashmir Valley due to the disturbance.

But finally in the morning hours of 5th August 2019, the government brought a

Bill in the Indian Parliament’s both the houses: Upper House and Lower House to

abolish Articles 370 and 35A. But before this the Central government had to

make all necessary security arrangements . This it ensured by inducting a large

number of Army and other para-military troops along the LoC and inside the

Kashmir Valley. Simultaneously all the communication network services were

suspended for an undeclared timeframe. It effectively stymied the operations of

the obnoxious Pakistani ISI and Kashmiri Hurriyat nexus.

Benefits for the Union Territories

With the abolition of these Articles the following benefits could accrue to the

new Union Territories:  As the new union territory of Jammu and Kashmir will be subject to the Indian

Constitution, its citizens will now have the Fundamental Rights enshrined in

that document--until now, this was not the case. Article 360, which can be used

to declare a Financial Emergency, will now also be applicable.

ll laws passed by Parliament will be applicable in Jammu and Kashmir,

including the Right to Information Act and the Right to Education Act.  The Indian Penal Code will replace the Ranbir Penal Code of Jammu and

Kashmir

 As the government has modified the Article 370, diluting special status to

Jammu and Kashmir, Article 35 (A), which originates from the provisions of

Article 370 stands null and void. Children of a woman marrying outside Jammu

and Kashmir will not lose property rights.

New challenge in Kashmir

The next challenge is to develop trust and confidence among the people. Jammu

and Kashmir was also declared as a separate Union Territory and Ladakh

another separate UT. With this a new era has emerged in J and K and I am sure

that as per the vision of our Prime Minister Mr Modi things are under control in

the region. Still. there are many threats from our neighbour Pakistan who is

completely shattered after this drastic geopolitical change

effected by India. Its spurious claims to Indian territory have suddenly been

undercut and its perfidy in the implementation of the Shimla Agreement has

found resonance in the United Nations where nations are now more wary of the

jihadi agenda of the rulers (both elected and those selected by the Pakistan

Army). A resounding rebuttal came from the notorious Taliban underscoring

how ground realities are changing in this part of the world.

The recent remarks of Pakistan Prime Minister Imran Khan in the Parliament

showed how bad they are feeling after this change. Their acts of downgrading

the Indian diplomatic representation; the suspension of all commerce, the

closure of train and bus services are intended to instigate its minions in Jammu

and Kashmir to take to the streets again. Going by past experience the season of

madness is at hand and Pakistan will, in September and October, try to

accelerate the infiltration of terrorists into the Kashmir Valley to stoke the fires

of discontent.

None of the countries on the globe has objected to the move by the Government

of India in regard to J and K. The Pakistan Prime Minister has tried to paint

India’s move as ‘communal’ by saying that India is trying to kick out the Muslims

from J and K which is completely baseless. If that was the case then all Muslim

States should have objected to India’s move which never happened and no

Muslim country has at all objected. So by and large all nations are with India on

J&K and Pakistan is just showing its frustration again which actually have

persisted right from 1947 when its massive invasion came to naught.

New Era

A new era has started with the change in J and K which will bring more peace

and prosperity and investments to the Union Territory. There are lot of

opportunities in J&K which have been never explored and projected the way they

should have been. There are some very rare species available in the state which

can be converted in big industries after the change as now corporate world can

buy lands and establish their industries which will generate millions of jobs for

the people and more prosperity will be seen in the coming few years.

Only a strong willpower and right direction with positive approach is required

among the people of Jammu and Kashmir. the Indian government has taken a

bold step in this direction. Pray for ‘3Ps’ -- PEACE, PROGRESS, PROSPERITY! for

the people of one of our most beautiful and geo-politically important segment of

India.

JAI HIND!

Profile: The writer is Publisher and CEO of Defence and Security Alert (DSA),

magazine from India. Associated with the family business of publishing for past

30 years as the Group CEO.

With such rich and varied experience in publishing and media he conceptualized

and ventured in 2009 into the Mission of publishing Defence and Security Alert

(DSA) magazine as a service to the nation in defence and security arena. DSA is

the first and the only ISO Certified monthly magazine in the Defence and

Security Journalism in India and is the only magazine available on the Intranet

of Indian Air Force (IAF).

Can be contactedat: Esta dirección electrónica esta protegida contra spam bots. Necesita activar JavaScript para visualizarla / Esta dirección electrónica esta protegida contra spam bots. Necesita activar JavaScript para visualizarla