Thursday, April 23, 2009

Article 370....Part 2 ( Implications & Fallouts)

Having read verbatim the Article 370, let us now examine the implications of this article & also what has been the experience :

Implications of Article 370 :
The article specifies that except for Defence, Foreign Affairs & Communications, the Indian Parliament needs the concurrence of the State for applying all other Laws. Therefore the residents of the state live under a separate set of Laws including those related to citizenship, ownership of property & various fundamental rights as compared to Indians in other states. While people across the country have to adhere to one uniform system of citizenship, in case of people in J&K, it is dual citizenship, one for the state & the other for the country!!!!
This means, the citizens of J&K are citizens of India, but citizens of the rest of India cannot be citizens of J&K!!!! He/She does not have a right to any property in J&K. He/She does not have the right to vote in J&K, even if one has migrated there.
The Urban Land Act 1976, which is in force across the whole of the country, is not applicable to J&K. This means, all the rich landlords, belonging to the majority community in J&K, can freely indulge in economic exploitations of the poor.
The Indian citizens, who are not state subjects, & living in J&K, cannot even get loans & financial aids from various institutions, as the State Laws debar them. If a girl, belonging to J&K, marries a boy who is not a state subject, she loses her all her rights to the state!!!!!
The Wealth Tax cannot be enforced in the state.
The State Govt did not accept the Anti - Defection Law, adopted by the rest of the country, & brought in several amendments. Here the decision on defection is not taken by the speaker of the Assembly but by the leader of the connected political party. This gives constitutional legitimacy to the unbridled authority of the leader of the party.
Since the Governor usually is not a citizen of the state, he has no right to vote, the separatist elements treat him an outsider & equate with slaves.
Our Constitution gives equal rights to all citizens, but this right is not applicable in J&K. It is a case of Locals vs non Locals who are not state subjects. They do not enjoy any political or economic rights. Their children cannot get admission in colleges in Kashmir. In other words, Article 370 violates the very principle of Indian Citizenship!!!!!
The state, under Article 370, has its rights under its own constitution to do whatever it likes. Because the state has a separate flag & symbol, two flags flutter on the Govt buildings in the state. Infact, the Centre has to seek permission from the state to hoist the National Flag!!!!
It is simply appaling to know that burning of the National Flag is not a cognizable offence in worse can it ever get!!!!!!

Dr Ambedkar, involved in the making of the Constitition for the country, had warned Pundit Nehru of the difficulties this Article 370 would create, as he felt that this would sow seeds of separatism in the Valley. His plea & warnings had fallen to deaf ears, & today we all are facing the brunt of this appeasement for Vote Bank Politics.
Clearly Article 370 has not integrated J&K with the rest of the has delinked it. Secularism & Nationalism has given way to regionalism, communalism & separatism in the minds of the youth in the Valley. Instead of coming closer to the National mainstream, they have been gradually distancing themselves & are now raking up questions of their independence.
The Kashmiri leaders have been working to make the Muslims, who enjoy majority in the Valley, to become anti India & pro Pakistan, & for this they have taken refuge of Article 370.
One of their resolutions say, "Jammu and Kashmir state has not yet acceded to any of the two dominions, India and Pakistan. Therefore, it will not be right to call Pakistani invasion on Jammu and Kashmir as an attack on India."

Historical facts suggest that, prior to inplementing this article, both Hindus & Muslims were a part of the national mainstream without animosity or hatred.
Two former Chief Ministers of J&K, Bakshi Gulam Mohammad & GM Sadiq & a former Governor of State had wanted this article to be abolished. But cheap Vote bank appeasement by the Congress, did not let this happen & what was initially an article with temporary provisions, has now become a nightmare of sorts.
More than three Lakhs Kashmiri Pundits have been uprooted from their homes in the Valley & they continue to languish in refugee camps in deplorable conditions. Thousands of temples have been brought down Muslims from other parts of the country have been successful in getting citizenship of J&K, but more than a lakh of Hindus, who had moved into the valley at the time of partition, have not got their due citizenship till now.Over the years, the Govt has put a blind eye to the ills of this article & all we have managed is to create separatist groups in the Valley. Anti National elements have launched an open hate campaign against India, which has been pampered & supported by Pakistan for their own selfish gains. This has resulted in Kashmiri youths taking up arms against India, forcing lakhs of Hindus to leave their homes & property in the Valley & live lives of misery in the plains & in refugee camps.

Do we still want Article 370 enforced or removed??????Ask yourself this question & decide who is secular & who is communal????
Let us ask Ms Jayanti Natarajan, spokesperson of Congress, if she still feels the need to retain Article 370 & divide the country or remove it & work towards National integration.

Let us vote.............& vote with our conscience clear :

Let us :
Vote for a Terror free Nation,
Criminal free Politics,
Corruption free Governance,

Jai Hind !!!


sharada said...

though i knew quite a bit...but this was very knowleadgable...and all in details...many of us have forgotten all these...after leaving civics as a subject...thanks for reminding all...n quite informative.....

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