The revoking of article 370 that endows kashmir with special powers is the talk of the nation. Some call it equal justice as compared to other states in India that and some call it idiosyncratic and indispensible to the idea of Kashmir. Kashmir has for long been an election trump card for both India and Pakistan. Is article 370 just a hindrance to the integration of ‘One India’ or the sanctum of India's plurality that is the founding tenet of India?
Brief history
Not even a month since independence of India,Pakistan and Kashmir; did the acquisition of Kashmir was started by the Pakistanis through the Pashtun warlords and chieftains. There wasn't a systematic army in either of the 3 ‘nations’. The Kashmiri Hindu Monarch Maharaja Hari singh sought the help of India to curtail Pakistani conquest. Indian government displayed political oppurtunism placing the condition of accession, to integrate Kashmir into India. It is also given as a rational justification of a fledgling nation like India to help a ‘foreign nation’. Yet, even in the dire need of help the Maharaja proposed conditions for accession with India and India's ready acceptance seems to have emboldened the theory of political oppurtunism. The conditions proposed were compiled as the article 370. Mr. B.R Ambedkar hesitated to draft it at first, but eventually did. The Maharaja appointed the ‘Prime Minister’ of Kashmir Sheik Abdullah to handle the legal formalities in the ‘conditional accession’ and to safeguard the Kashmiri dignity.
Seminal features
Some of the features that guarantee complete state autonomy to Kashmir are: separate national flag, dual citizenship of Kashmir and India,SC’s orders aren't final in the case of J&K, article 352(state emergency), 360(financial emergency), 356(national emergency), there is no RTI,RTE,CAG and CBI in J&K and there won't be according to article 370.
Draconian features and lack of solution
Though this article is the only shield that Kashmir has to protect its uniqueness with, it is hard to say it has no flaws. Gender partial laws like women’s inability to buy lands and annulment of Kashmiri citizenship if a girl marries a non-Kashmiri but not a Pakistani; this isn't applicable for a Kashmiri man. Minority oppression, Hindus & Sikhs do not even get the promised 16% reservation which itself is a drop in a bucket and no Non-muslim can become the CM. For the educationally thriving Kashmir there is no provision of uninterrupted power supply and high speed internet. Jammu is given a second class treatment because of the ever boiling Kashmir; due to Pakistan staking claim citing article 370’s distinguishing nature.This article 370 like article 5 cannot be amended, therefore reform is like walking in a blind alley.
Positives of article 370
Having complained of article 370 for its excesses, this article has also delivered Kashmiris big time in all the facets. Kashmir has unique land laws, this beautiful land has no land grabbing fear, no business competition from outsiders, less industries has resulted in less crime rates, less pollution and no population boom. Easily maintainable inland qualities as there is no ecological issues in Kashmir that has gripped the rest of India. If not total accession at least a this act acts as a bridge between India and Kashmir.
Solution
The already lack of understanding between India's central power and Kashmir could further be worsened by the rescinding of 370. Furthermore, rescinding requires the state government of J&K’s agreement, which is a roundabout way of saying article 370 is permanent. This article cannot even be amended. If the central government displays friendliness and cordial approach to J&K ‘s ruling government and also the disparate thinkers of Kashmir,it could help in curbing Pakistan's role in Kashmir. Offensive approaches have only backfired India and have played into the hands of Pakistan that brands India as an ‘oppressor’. Display of bonhomie could only result in the meeting of two ends both of India and united Kashmir of India. Repealing of 370 can head nowhere.
-Akshay
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