Kashmir, India - Agitating Issues, Autonomy Resolution, Accession 1947
Daya Sagar Sharma
February 04, 2009
A Look Through the Mist
In case J&K has to have her own Constitution and her own Flag then what is the harm in limiting the accession only to the subjects ( defence, foreign affairs, communication and like matters ) as were mentioned in the instrument of accession as accepted by Lord Mountbatten on 27 October 1947?, do ask some.
Section (3) of J&K State Constitution states that J&K is and shall remain an integral part of Union of India. Will this section weaken in case article 370 is repealed? If not, then why do some say that abrogation of this Article shall de link J&K from India ?
So strangely it has been observed that many leaders who are after seeking votes of the minority religious communities carry the belief that defending retention of article 370 of Indian Constitution is well received in India as defending Muslim cause . So , to them demands for abrogation of article 370 of Indian Constitution is an anti muslim act. Where as article 370 of Indian Constitution if at all could do any good to Muslims in particular, it could be to the Muslims living in J&K only, and that too along with narly 4O % of the Hindu population of the state as well. This shows how the concept of two nation theory that partitioned India in 1947 has been cunningly used by those who have not allowed the Indian muslims to rest in peace in India.
So have the leaders from J&K ( primarily from Kashmir Valley ) all along said and suggested that any move to abrogate article 370 of Indian Constitution will lead to further division of India .Some even in Government had said that Kashmiri would revolt against India. Reacting to such observations Mr. Kedar Nath Sawhney ( BJP ) had thrown a challenge to Dr. Farooq Abdullah on 13-2-1998 while at Jammu that if the J&K Chief Minister claims that a revolt may occur in the country with the abrogation of this Article (370) and the India will not be able to control it, then he will be the biggest fool. Kedar Nath Pandey no doubt claimed abrogation of article 370 in case BJP came to power. And the abrogation promise was again aired by BJP President Raj Nath Singh while he was in J&K to campaign for 2008 assembly elections.
Instead the demands and requirements in J&K appear to have now gone much beyond abrogation of article 370. Where as no Political party in India except BJP / Shiv Sena have advocated the need for abrogation of Article 370 , there are many political experts as well as political leaders in India who have aired even suggestions that promote separatist ideology and strongly support the retention of article 370. Surely the article 370 can if atall be abrogated , it could by the absolute majority in the Indian Parliament. The scope for absolute majority against the article does not appear any where in sight in the near future. Condition of the consent of J&K legislature too would come in the way . More so since the Kashmir has been unfortunately given an accepted recognition before the outside world as a Dispute / Issue ( with Pakistan as party ) due to loose handling of J&K affairs by New Delhi ( particularly over last 10 years ) it will not be that easy for New Delhi. Those who declare Pakistan and People of Kashmir as party to some dispute over the political status of J&K with India could be seen openly speaking and participating at different fora in Kashmir Valley as well as in other Indian States. A good number of mainstream leaders and separatists have been speaking in conferences held outside India to discuss J&K affairs of international significance without any sponsorship of India Government. The Congress whose leadership drafted the Constitution of India had suggested that article 370 is a temporary provision is at present in total agreement acceptance with permanent retention of this article.
Hence time now demands that the issue of abrogation of article 370 should be made to rest and rather other issues that in a way exhibit that government of India has nearly accepted that accession of J&K with India is a matter of dispute in the eyes of people of J&K and Pakistan is a party to dispute need be seriously by all the political parties in India.
No doubt with J&K having her own Constitution and its own State Constitution flag fluttering at equal mast with the Indian National flag too has all these years not convinced the World community that J&K could be so simply accepted as like any other state of union of India.
Other issue that have so far agitated my mind has been that Why did Maharaja Hari Singh not accede to Union of India on or before 14th August 1947? . I did find some answers in the special inclination that Mountbatten and Jawahar Lal Nehru had been showing towards Sheikh Mohammed Abdullah ( though the reasons for such special inclination are yet storming my mind ) to the annoyance of Maharaja Hari Singh and the manner in which the exercise for deciding international boundaries of West Pakistan with India was dilly dally unduly delayed beyond 14 August 1947. No doubt the local leadership of Jammu Province ( that too comprised of large Muslim population ) of Maharaja´s J&K was surely not with the National Conference lead leadership of J&K . Similarly the opinion of the Jammu Province leadership too did not come in the way of Hari Singh for taking a decision on accession before 14 August 1947. Sheikh Mohammed Abdullah too as per the records available had never supported accession with Pakistan ( though it was the prerogative of the Prince, Maharaja as per the Indian Independence Act ).Nor had Hari Singh advocated for Independent Kashmir before 14 Aug 1947. Surely it is also a hard fact that there was no political group other than National Conference in J&K enjoying more political support than National Conference.
But what National Conference and people of J&K need to seriously deliberate is that will the Autonomy Resolution as passed by J&K Legislature on 26 June 2002 if endorsed by Indian Parliament free J&K of the blood shed, as of rampant corruption, repair the cracked communal matrix, make the soil free of insurgents and settle the" blood pressure" in Pakistani veins. More so , when the constituent leadership of Hurriyat has been very clearly and openly saying that proposals like the one contained in moving to the Pre-1953 position through J&K Assembly Resolution of 26th June2000 are no where in their agenda.
And the other question is "Are the people of J&K not ´azaad´ (independent) yet? .And if they are, then why was not the then Prime Minister of India Mr. Narasimha Rao questioned by his party men for offering some thing short of Azaadi to people of J&K?
(*Daya Sagar is social activist and leading scribe on Kashmir affairs dayasagr@yahoo.co.uk)
In case J&K has to have her own Constitution and her own Flag then what is the harm in limiting the accession only to the subjects ( defence, foreign affairs, communication and like matters ) as were mentioned in the instrument of accession as accepted by Lord Mountbatten on 27 October 1947?, do ask some.
Section (3) of J&K State Constitution states that J&K is and shall remain an integral part of Union of India. Will this section weaken in case article 370 is repealed? If not, then why do some say that abrogation of this Article shall de link J&K from India ?
So strangely it has been observed that many leaders who are after seeking votes of the minority religious communities carry the belief that defending retention of article 370 of Indian Constitution is well received in India as defending Muslim cause . So , to them demands for abrogation of article 370 of Indian Constitution is an anti muslim act. Where as article 370 of Indian Constitution if at all could do any good to Muslims in particular, it could be to the Muslims living in J&K only, and that too along with narly 4O % of the Hindu population of the state as well. This shows how the concept of two nation theory that partitioned India in 1947 has been cunningly used by those who have not allowed the Indian muslims to rest in peace in India.
So have the leaders from J&K ( primarily from Kashmir Valley ) all along said and suggested that any move to abrogate article 370 of Indian Constitution will lead to further division of India .Some even in Government had said that Kashmiri would revolt against India. Reacting to such observations Mr. Kedar Nath Sawhney ( BJP ) had thrown a challenge to Dr. Farooq Abdullah on 13-2-1998 while at Jammu that if the J&K Chief Minister claims that a revolt may occur in the country with the abrogation of this Article (370) and the India will not be able to control it, then he will be the biggest fool. Kedar Nath Pandey no doubt claimed abrogation of article 370 in case BJP came to power. And the abrogation promise was again aired by BJP President Raj Nath Singh while he was in J&K to campaign for 2008 assembly elections.
Instead the demands and requirements in J&K appear to have now gone much beyond abrogation of article 370. Where as no Political party in India except BJP / Shiv Sena have advocated the need for abrogation of Article 370 , there are many political experts as well as political leaders in India who have aired even suggestions that promote separatist ideology and strongly support the retention of article 370. Surely the article 370 can if atall be abrogated , it could by the absolute majority in the Indian Parliament. The scope for absolute majority against the article does not appear any where in sight in the near future. Condition of the consent of J&K legislature too would come in the way . More so since the Kashmir has been unfortunately given an accepted recognition before the outside world as a Dispute / Issue ( with Pakistan as party ) due to loose handling of J&K affairs by New Delhi ( particularly over last 10 years ) it will not be that easy for New Delhi. Those who declare Pakistan and People of Kashmir as party to some dispute over the political status of J&K with India could be seen openly speaking and participating at different fora in Kashmir Valley as well as in other Indian States. A good number of mainstream leaders and separatists have been speaking in conferences held outside India to discuss J&K affairs of international significance without any sponsorship of India Government. The Congress whose leadership drafted the Constitution of India had suggested that article 370 is a temporary provision is at present in total agreement acceptance with permanent retention of this article.
Hence time now demands that the issue of abrogation of article 370 should be made to rest and rather other issues that in a way exhibit that government of India has nearly accepted that accession of J&K with India is a matter of dispute in the eyes of people of J&K and Pakistan is a party to dispute need be seriously by all the political parties in India.
No doubt with J&K having her own Constitution and its own State Constitution flag fluttering at equal mast with the Indian National flag too has all these years not convinced the World community that J&K could be so simply accepted as like any other state of union of India.
Other issue that have so far agitated my mind has been that Why did Maharaja Hari Singh not accede to Union of India on or before 14th August 1947? . I did find some answers in the special inclination that Mountbatten and Jawahar Lal Nehru had been showing towards Sheikh Mohammed Abdullah ( though the reasons for such special inclination are yet storming my mind ) to the annoyance of Maharaja Hari Singh and the manner in which the exercise for deciding international boundaries of West Pakistan with India was dilly dally unduly delayed beyond 14 August 1947. No doubt the local leadership of Jammu Province ( that too comprised of large Muslim population ) of Maharaja´s J&K was surely not with the National Conference lead leadership of J&K . Similarly the opinion of the Jammu Province leadership too did not come in the way of Hari Singh for taking a decision on accession before 14 August 1947. Sheikh Mohammed Abdullah too as per the records available had never supported accession with Pakistan ( though it was the prerogative of the Prince, Maharaja as per the Indian Independence Act ).Nor had Hari Singh advocated for Independent Kashmir before 14 Aug 1947. Surely it is also a hard fact that there was no political group other than National Conference in J&K enjoying more political support than National Conference.
But what National Conference and people of J&K need to seriously deliberate is that will the Autonomy Resolution as passed by J&K Legislature on 26 June 2002 if endorsed by Indian Parliament free J&K of the blood shed, as of rampant corruption, repair the cracked communal matrix, make the soil free of insurgents and settle the" blood pressure" in Pakistani veins. More so , when the constituent leadership of Hurriyat has been very clearly and openly saying that proposals like the one contained in moving to the Pre-1953 position through J&K Assembly Resolution of 26th June2000 are no where in their agenda.
And the other question is "Are the people of J&K not ´azaad´ (independent) yet? .And if they are, then why was not the then Prime Minister of India Mr. Narasimha Rao questioned by his party men for offering some thing short of Azaadi to people of J&K?
(*Daya Sagar is social activist and leading scribe on Kashmir affairs dayasagr@yahoo.co.uk)
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