Introduction:
The most controversial article of the Indian Constitution is back to lime light again. This is article 370 of Indian constitution and the debate started from recent campaigning of general election where during an electioneering speech the then perspective prime ministerial candidate of BJP (Bharatiya Janata Party) had announced in Jammu for stronger and clearer discussions on pros and cons of article 370. Article 370 of Indian Constitution has evolved a stronger sense of emotion and attachments to a wide segment of the Indian population. Most times, it is recognized as the sides of different religions as well as many political parties have taken an extreme stand on this issue. India got its independence in August 15, 1947. One day prior to India, one other country had its independence. It is Pakistan, located on the western side of India. During those times, India constituted of many princely states, which were ruled by small kings and they had declared their independence from India as soon as the British left this country. Due to excellent effort from the then home minister of India, Sardar Ballavbhai Patel, most of these princely states shredded their regal power and accepted to assimilate with India. Some princely states denied and due force was implemented to unite those patches of lands within India to assimilate it. In this way, India as a complete union was established. During those times, king of Jammu and Kashmir had not gone to either India or Pakistan. It remained independent patch of land in between both countries. During the month of October 1947, tribal of Pakistan came with arm and ammunition and backed strongly by Pakistan Rangers who have similar power of BSF (Border Security Force) of India and attacked the state of Jammu and Kashmir (J & K)ruled by King Hari Singh.
Change of Indian political scenario:
King of J & K has no such military power to defend its own territory and he came to prime minister of India and asking his help in defending aggression across the border. There was an agreement between India and the then state of J & K of becoming one of a province of India. J & K became a province of India and under Article 370, it has few exceptional powers which similar other provinces of India do not enjoy. During that time, the then law minister and father of Indian Constitution Dr. B. R. Ambedkar vehemently opposed the privilege gave to one state and this could lead to long term difficulties which can become a high level cancerous problem for Indian Union. During discussion about Article 370 in Parliament of India, law minister did not join the discussion and it was his way of opposing this move. He wanted J & K to be united with India in terms of the same set of principle applied to different other princely states. Surprisingly, at that time, India could bargain anything with the then king of J & K but India conceded his request, which is still lingering on and becoming one of the problems of a gigantic banyan tree like. At that time, it was decided that this article is temporary and will be removed within a few years. Incidentally, government after government comes to power but never thought anything about removing this and now article 370 is synonymous with single religion and many centrist and leftist forces are supporting its stay for the long term. In the recently concluded general election. The BJP (Bharatiya Janata Party) has an absolute majority. For the first time, in history of Indian politics, a party other than the Indian National Congress able to secure an absolute majority and cross the psychological barrier of 272 numbers.
From beginning BJP had been opposition this special status grant to a single state and had been demanding abrogation of Article 370. During recent election campaigning, Prime Minister Narendra Modi, have echoed similar sentences for a wider discussion of abrogation of Article 370. For this BJP for the first time able to win three parliamentary seats across Jammu and Ladakh. This goes on to show. People of J & K are supporting this abrogation of this move. Due to presence of article 370, all central government policies are not applicable inside territories of J & K. During independence years, even though king of Jammu and Kashmir was Hari Singh but his appointed prime minister of Sheikh Abdullah wants real power and wants to remove king from his power. The then prime minister of India, along with Sheikh Abdullah created draft of Article 370 in the direction from Gopal Swami Ayengar. Home Minister Patel and law minister Ambedkar opposed to this idea. In opposition home minister resigned from cabinet. That draft became a bone of contention for all right wing thinkers all around India. Still to date many political analysts have never ever comprehend behind such humongous political deficit in decision making which people of India have to face the brunt of terrorism in the name of Article 370 and Jammu and Kashmir.
Why there is no evidence of development all around Jammu and Kashmir?
It is not surprising, when minister of state of PMO (Prime Minister Office) has suggested for real discussion on Article 370. Government also plans to introduce various measures among Kashmir people to let them understand how they have been deprived of special privileges granted to poor and downtrodden all over India. Due to presence of this article, reservation systems in jobs do not apply there. There is no such law for exceptional privilege to schedule castes (SC) and schedule tribes (ST). Scheduled to this article a chunk part of this population of Jammu and Kashmir has been omitting from special treatment from government of India (GOI). GOI is not initiating this process all of a sudden, it wants people of J & K to discuss critically about this provisions and look back in the past to analyze why there is no such development and advent of multinational companies (MNCs) are totally barred in this land. Separatists and terrorists from across the border time and again have vociferously raised the bar of aggression in the name of this article and they have been getting huge sum money in terms of aid from different non governmental organizations (NGOs) from across border and worldwide. Why there is a sudden rise of terrorism and who are the people funding them, are some of the most pertinent questions which residents of Jammu and Kashmir needs to analyze critically. Terrorism will not feed common residents and why their economic conditions are going bad to worse and why people living there have been reeling under extreme poverty despite progress all around India. The present J & K shows a pathetic picture where nearly 4, 00,000 Hindus forced out of territories of Jammu and Kashmir in 1980s. From that time escalation of terrorism in the name of religion and Article 370 comes to the forefront. Slowly, during high tide of terrorism, article 370 becomes colored with religious fanaticism and separatists in the valley try to explode, emotions reaching out from this article. Most of people in the valley neither understand nor perceived to understand why the signs of developments are not seeing the light of the day.
Tourism sectors flowered prior to advent of extreme terrorism:
During the late eighties, the continuing attacks on Hindus and other minorities inside valleys perpetually obstructed, and deny the rights of religion. This shows whenever any land of the world is severely to any religious groups, ultimately this lead to complete economic stability in those areas. Owing to this lesser number of tourists reaches there and there has been fewer revenues generated from tourism. Most of the valley areas have been prospering in the past due to prosper and flowering of tourism sector. Jammu and Kashmir are known as paradise on earth. People all over India, went there in summer due to favorable climatic conditions prevailing there in many parts of the land. People loved to stay inside house boats on river Jhelum and travel within snow fall and cooler weather. Owners of house boats kept a long term relationship with visitors and they have reciprocal relationships among visitors. Most of these owners are so well behaved and good mannered that visitors for generations reach to particular house boats whenever they visit Jammu and Kashmir prior to the advent of extreme terrorism. Separatists and terrorists have penetrated deep into peaceful land of Jammu and Kashmir and have destroyed peaceful unity among Hindus, Muslims and Buddhists and have created huge boundaries among themselves. All these are contributing factors which create a bigger context of separation emotionally from the rest of people. All these are helped gigantically in the present article 370 which by no means considered being supportive for one religious segment and that creates anonymity and disturbances within large segment of Indian populations.
Most older people are still perturbed with all these developments in Jammu and Kashmir which single-highhandedly pointed how such a glory past of congenial atmosphere has been destroyed due to some parochial attitudes of some set of leaders who are mostly inclined towards western neighbor of India. What worries the most from the words uttered by chief minister of Jammu and Kashmir in his tweets which he said due to article 370 Jammu and Kashmir is a part of India. This is absurd and most of the political analysts have been criticizing this. During 1974, after the agreement of Sheikh Abdullah and Indira Gandhi, the then prime minister of India, it was decided that Jammu and Kashmir are integral part of India and no one can deny to this. So, in no way, article 370 is responsible for unison of this state with India. Article 370 is a singular privilege to residents of this state. Unison of this state with India is never questioned and no one should ever have the courage to raise this question. When chief minister of J & K raised this voice against this on various quarters many political scientists have abandoned his statement. During all these voices, GOI have shown maturity and try to reduce temper raised irrelevantly by the chief minister of Jammu and Kashmir. Many political leaders of this state have won several elections in the name of Article 370 and in the name of advocating anti-India statements. Most of citizens all across India have been thinking that due to this special privilege, the so called “clash of civilizations” occurred. Extremists and terrorism in the name of religion and civilizations have become significant fighting space in this part of the world in the beginning of the twenty first centuries.
Clash of civilizations!
The genesis of Article 370 is deeply related to independence of India and the Constitution of Jammu and Kashmir as part and parcel of Indian Union. It is an honor of India, to have such state which has rich potential for growth of travel and tourism perspective due to favorable climatic conditions like Western world and presence of varied and different religious places all across areas. Terrorism in the name of Article 370 has destroyed some sanctity but still in last three to four general elections, there have been free and fair electioneering which is empowering every domain of residents there. People have overwhelmingly voted for choice of their political party even after stronger denouncement from terrorists and separatists. Democracy has strengthened the perspective of a peaceful state and people want development similar to different other states of India. Recently, numerous students from Jammu and Kashmir have to face the brunt of opposition from residents of other students due to their origin of state. Due to article 370, alienation of people of this state with rest of the people of India is increasing. More and more people are realizing this and for this many are now seemingly supporting for abrogation of Article 370 all around the state. Article 370 is stopping people of Jammu and Kashmir to stay in the same line with the rest of India’s population. It will take a long time and slowly, the level of obstruction between citizens of India will be withering away to inevitability.
The glorious history of Jammu and Kashmir:
Jammu and Kashmir have a glorious past. After the first invasion into its territories in the 12th century, its brilliant past began to decline further. In 5000B.C. Jammu and Kashmir were part of Indus Valley civilization. Indus valley civilization is the most sophisticated and advance civilization. If we compare that civilization to its current state of Jammu and Kashmir, we could observe how they have forgotten the hoary past and have been fighting in favor of the clash of civilizations all around the Indian subcontinent. For most of time in history, glorious part of Jammu and Kashmir it had many success stories, where as of now, this state is reeling under terrorism and complete destruction of travel industry and no multinational company now do not want to build any industries there. Article 370 was always meant to be a temporary provision but sadly to the utter dismay and distrust among many Indians it is still there and continues to be there which is pinching everywhere in terms of many wars and aggressions. This article was included inside constitution under “Temporary and Transitional Provision” under part XXI of the Indian Constitution, yet many political parties are constantly advocating for long term permanent staying of this article. For parents, two children are the same and they do not want to give importance to a single child so that the other child could have bad impressions and feeling of left out from synergy within family constitution of. Jammu and Kashmir are like the same set of states like any other one of states of India. Other states feel the sense of favoritism in support of a particular state is not always good and binding factor within the perimeter of India. It is one of reason why article 370 should be slowly with proper acceptance from residents of Jammu and Kashmir should be doing away with. Many political parties have been forgetting about “Temporary and Transitional Provision” about Article 370.
Jammu and Kashmir has rich past to be proud of:
Jammu and Kashmir have a rich cultural heritage and its rivers are part of ancient civilization. River Vitasta was mentioned in the Rig Veda. Modern name of river Vitasta is known as the Jhelum River. Most part of Jammu and Kashmir has famous Hindu pilgrim places. With suitable climatic conditions, in summer and rainy season’s people all around flocks into this state and this state has been renowned for tours and travels. Clan of Kashmir is reflected in epic Mahabharata. This goes on to show rich and hoary past of this state which was alive in times of Rig Veda (4000 BC) and epic Mahabharata (3000 BC). Now, with the advent of party politics and the clash of civilizations the demographic of the entire state has been ruined in the dust. If such peaceful situation had been prevailing till to date, then these rich cultures can be remaining still to date and how enormously rich culture will be taken over by descendants. Due to a clash of civilization, the rich history reached its extreme end with mass destruction of famous places in order to ruin hoary past. Kashmir and Hinduism are coordinated and most part of flowering of it comes out in its richer cultural heritages. Many politicians of the Indian National Congress throughout implementation of Article 370 have advocated maintaining status qua in this article. But, during initial years of In 1953, the close relationship between the then prime minister and chief minister of Jammu and Kashmir ended with imminent arrest of chief minister which makes the entire situation of Jammu and Kashmir confusion and conflicting one. Sheikh Abdulah was arrested for sedition in 1953.
Why there is demand for separate identity of Kashmir?
This state is getting the highest percentages of central assistance than any other state of India. There are no shortages of flow of money to this state, yet most times it is ruled by a single family party and now its third generation but still most of part of this state is underdeveloped. Why this is happening. Despite reduced central power all around this state and also despite prominent assistance in terms of financial and administrative help from center why this state is constantly being at the state of war and slowly diminishing financial stability all over the world. Why there is demand for separate identity of Kashmir people from separatists despite being given prominence from the rest of the states and providing the highest financial assistance and giving limiting center interventions than other states. Separatists and some political parties play with the idea of article 370 and divide Kashmir identity to create mayhem inside India. Jammu and Kashmir are an integral part of India and it continues to do so and slowly with the advent of a newer class of voters who want development and employment and they think this up above the rest in order to brighten their future. They knew petty politics over Article 370 and they are not in favor of supporting terrorism.
Slowly, most terrorists are not getting any home grown support and this Indian defense forces are now infiltrating deep into terrorists networks and ruining support base and slow peace is returning back to the valley with a full flavor. When writing about Jammu and Kashmir, the author thinks of his childhood when there is peace all over and travels every year with parents to a paradise of earth. Thinking of past and hoping for a better future, to see revive of large scale tourism in different parts of Jammu and Kashmir. During recent campaigning, Prime Minister Narendra Modi, have echoed for a large scale discussion about an article 370 among the citizens of India. Numerous political rivals have thought this as a preliminary move to repel article 370. There is no loss in the discussion about this provision as with discussion people will learn more about pros and cons of this article and then measure it in terms of gains achieved from this article. When talking about provisions of Article 370, people talk about only people living inside valley (Kashmir). It is not right. Jammu and Kashmir are divided into three parts: Jammu, Kashmir and Ladakh. Most of times interest of Jammu and Ladakh have been buried deep under prominence of valley politics. Ladakh has long stretch of deserts and its people need desperate development. People need food, water and security to remain in peace all around these areas.
Rich dividend of article 370 limited to certain community:
In any time, nobody has asked what most people of Ladakh want. Are they supportive of Article 370? Ladakh constitution of Buddhists and Shias. Most of them are not supportive of this article. It is surprising how one part of Jammu and Kashmir is getting prominent and is driving policies which are mostly supportive of this cause. No one ever thought of taking opinions of people of Jammu and Ladakh before reaching any meaningful decisions. Has anybody ever asked what are opinions of Hindu and Sikh populations of Jammu for continuing to Article 370? Jammu and Kashmir are not limited to the valley alone; the decisions for abrogation of Article 370 should be done in accordance with different opinions from all classes of people from around different ethnic origins. Most of time, Medias and newspapers show opinions of people in the Valley who are mostly constituted from ethnic Muslim populations. But, the valley has erstwhile Pundit (Hindu Brahmin) population, who was living there for generations. They have been there even staying in Muslim rules during middle ages. But after independence, due to predominance of the separatist movement by some groups, most of them were mercilessly murdered or driven out from their parental locations and have to stay inside other states as refugee inside their own nation.
Is it not a shame for us Indians as pundits have been homeless and they have to go to different states as they have left their businesses and other occupations from the valley? Article 370 should be same for everyone and who cannot this article not been able to save rights and life of one segment of Kashmir populations? This goes on showing how this article is proving beneficial to one segment of populations and ignoring all the other sects completely. It is high time, when Prime Minister spoke about considerable discussion among Indians, people should take active part and should see in their own behalf and should not look in the eyes of political parties but utilize their own mind to find out real values which article 370 is giving benefits to different segment of populations. Has anybody ever asked tribal Muslim population of Jammu and Kashmir such as Gujjars and Bakarwalls has their support to article 370? Owing to presence of this article, reservation benefits are not reaching to these tribal communities. If there is no article 370, then they should have been scheduled under scheduled tribe (ST) at but that is not the case due to presence of this article. That is why these two tribal communities remain poor and most of the time, educated youths from these communities have to rely on age old traditions to earn money.
Efficacy of article 370 in developing underprivileged inside valley:
In most parts of India due to the reservation quota in job and education most of scheduled tribe people and even from people who have never ever seen the light of civilization has come forward and take a prominent seat in education and administration. But, sadly due to the advent of article 370, underprivileged scheduled tribe population of Kashmir not able to benefit and develop their communities. Has anyone ever asked about efficacy of Article 370 for such communities even inside valley? Is there any particular segment of the population is getting richer benefits of this article and should it not be scrapped to manage over all development all around. All these are questions put before readers to think on their own and should not be ever influenced by political opinions which have been varied and different. Are all these communities such as Hindus, pundits, Sikhs, Punjabi, Gujjars, Bakarwalls, Shias and Buddhists are not part of Jammu and Kashmir? It needs to be a comprehensive outlook to understand what is happening and why such unnatural favoritism to a particular sect of the valley are going on perpetually. Many researchers worldwide, have seen and understood that terrorism is not driven by ideology and religion but it becomes an employment opportunity for uneducated youths and for this it is wise to suppress this mass scale anarchy all around. Why are most times sane voices of Jammu and Kashmir are always ignored by some governments? It is duty of India’s government to see every class of population in the same manner irrespective, of their number and political affiliations. Why Indian-bashing-separatists are always given prominence by national media’s and some political parties is a matter of grave concern. Why such forces which are worse for India are able to live with grandeur inside India?
Ladakh scouts of Indian army:
The important role of Shias and Buddhists of Ladakh in protecting India’s territory against aggression of Pakistan nuisances of Kargil. The incredible role of Shias and Buddhists of ladakh is the testimony that one Shia Sheppard for the first time detected in isolated land of kargil that the Pakistan army was inching towards India. He informed Indian army about infiltration of Pakistan Army into India’s territory and then India came to know about such gravity of situation. It was Ladakh Scouts of Indian Army, who have fought the Kargil war in up front to help Indian army advance and remove Pakistani soldiers from occupied land of India. Article 370 prevents Government of India (GOI) to reorganize state of Jammu and Kashmir. The three regions of Jammu and Kashmir are all but separately placed and most of the time cut off from the rest due to natural constriction. It is wise to make Jammu separate from the valley and make Ladakh a separate union territory. In this way, all three segments of state can be properly ruled and light of development can reach to each segment of locations of Jammu and Kashmir. Due to presence of Article 370 reorganizations of this state cannot be done by GOI and this makes entire administrative units of this state almost impossible to manage to inculcate inclusive developments all around.
This means even if Jammu and Ladakh would want to become separate state or union territory (UT) that would not enable GOI to initiate reorganization of state. According to natural justice, all segments of populations have an equal right to develop and live peacefully. Article 370 is obstructing natural developments of segment of populations. Article 370 creates fallacy of self rule for one ethnic class of population. Surprisingly why one class of the population becomes prominent and has been developing is a matter of serious discussions. In every state of India, most of its rulers are from same linguistic class of people. In Odisha, it is ruled by Odia people. In Tamil Nadu (TN) it is ruled by Tamil people and so on. It is a foregone conclusion that the state of Jammu and Kashmir to be ruled by people of this state. Then, why such fallacy of Article 370 of giving them right to self rule which is already there in the first place. In democracy people generally elect in states the ruler from these states. The State of Jammu and Kashmir would have seen such occurrence of ruling from their own people naturally in the democratic process, and then what is needed for this article? It is for sure it would not be Tamils, Odia or Bengali going to be chief minister of Jammu and Kashmir.
Article 370 is not only oppressive but also discriminatory for ladies of state f Jammu and Kashmir:
Throughout the history of India, since over 5,000 years, we have seen India has not previously been an aggressor to any country. India accepts many different kinds of races when they had been barred from their respective country due to various reasons. The Jews have been based in their native country and India was pleased to be able to accept them. It is the one where oppressed people have been granted the chance to stay peacefully. Then why such artificial fears crippling out from the then chief minister of Jammu and Kashmir when there was a process of assimilation with India was going on. Article 370 is not only oppressive but also discriminatory for ladies of state when they marry outside of state. It not only bars ladies to inheritance parental property which has been according to the Constitution of India they have a right to. It not only bans human rights for better sex but also inequitable in reducing the right of freedom of a mockery state of being. Why there is a requirement to present such ugly provision of barring ladies from property of parents for inheritance. This reduces to a state of utter disgust and it leads to complete ignorance of numerous financial powers of ladies. Citizens of India are barred from buying landed properties of J & K. This further breaks accomplishes integration of Indians with people of this state. This is the main reason why many such big investors dislike investing in this state in a rented property. Being dependent upon the Constitution of India, citizens can buy any property anywhere inside perimeter of India. Then, why such a draconian ruling with effect from Article 370, where citizens of India have proved difficult to comply with it.
Countless young citizens and first time voters think if J & K is not contributing better to gross domestic product (GDP) of India, then why such enormous aids and assistance to a state. If they want Article 370, then it is better they should live within their own resources instead of depending heavily on tax-payer’s money. Indians love Jammu and Kashmir because of richer folk traditions which we have considered in earlier part of the article. On the other hand, due to article 370, an invisible laxman-rekha (boundary) between citizens is present there. Perceivable at numerous locations for people of Indians, especially students look at them with different senses. All these need to be changed and a complete integration of perception with India of the mind need to be carried out. If Article 370 is stopping this complete integration then what is the need for this article, do away with immediately to create a congenial environment which can have the most potential for building of friendly relationships. Owing to this fact, commercialization of business is not possible there and a complete monopoly of business is ruining purchasing behavior of residents. Markets are completely monopolized protected by certain political matters which need to be looking deep into unique consumer behavior analysis which always supports abolition of complete monopoly in business affairs. People are denied commercialization of products which have reached nuke and corner of India, like never before. Indian has seen growth owing to the advent of free economy and disinvestment. Article 370 is preventing people of Jammu and Kashmir to utilize this provision and compelling them to depend upon certain business groups which advocate monopoly in pricing.
Tourism industry in the state bites the dust:
Biggest reason for discontents and disenchantment among youths of Jammu and Kashmir is high level of unemployment. Due to rise of separatist movement, rise of cross border terrorism rises beyond doubt and though it affects rest part of India, but it affects mostly tourism industry, which has seen plenty of growth, sometimes toppling major travel destination of world in terms of popularity all across the globe, had come down to disastrous level. Why people would come down with the family in holidays in a virtual war field risking families and depriving happiness which they have come to gather happiness in the form of holidaying. Tourism industries in the state shattered as it depends upon peacefulness of the environment and many movies shifted their shootings to further peaceful cities across India. All these causes major rise of unemployment and dissatisfaction among youths. Owing to Article 370, it is virtually impossible for multinational companies (MNCs) to start their business. It also deprived them further with employment opportunities. Lack of investment and lack of undisturbed environment further derails the prospect of creating more employment opportunities and this leads to massive derailment of employment generation all across the state. Dr BR Ambedkar had voiced his opinion against Article 370. He said that “You wish India should protect your borders, she should build roads in your area, she should supply your food grains, and Kashmir should get equal status as India.
But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it. ” He was never satisfied with this provision as he does not want GOI to be reduced to limit power center and citizens of India has no power at all in that state. It is something not construed why such provision has been implemented which continues to haunt generations after generations. The words of Dr BR Ambedkar are still murmuring in the ears of many Indians who have still to date understood what was the motive behind creating such an article which has always been a bone of contention for all Indians. Thousands of India have given their life for the sake of protecting the long and porous border with neighboring countries. It is for sure India will never let Jammu and Kashmir in the hands of separatists and terrorists. Sacrifices of numerous Indians would create an environment for proper abrogation of Article 370. Articles 370 have created many obstructions for proper integration and prospering of Jammu and Kashmir into India.
Why should India have a state with special rights?
What is most painful is that Indian governments need to take permission from Jammu and Kashmir government to build cantonment and allot land for defense purposes. This state has the most porous border with western neighbor and there came a time when most terrorists reached into the hinterland of India; creating mayhem all across India. Though during all these 60 years, of implementation of Article 370, many new riders have been created from GOI in order to slowly remove troublesome provisions of this article. Many vested interests have been exploitation these issues and advocating this article in the name of securing identity of this state. It seems all these are vague expression creating confusions and stopping security integration with Indian Union. Depending on the finance minister of India, article 370 cannot be an instrument of the subject of discussion of Secularism vs. non-secularism. According to him, it can be turned into an instrument of “oppression and discrimination” against Indian citizens. This article bears and limits rights of Indian citizens to a considerable extent and for this it is essential to repeal and make this state in the same level playing field as with others. One should straight forwardly debate pros and cons related to this article and how much this article helps citizens of India as well as GOI during last 60 years of its implementation. It is discriminatory and violent against citizens of India.
There is single citizenship for residents of India. In case of residents of Jammu and Kashmir, it is dual citizenship; one is for the state and the other for India. It is an undeniable fact that this state acceded to India like any other princely state across India. But due to some bad policies and introduction of this article 370, the conflict within India remains till to date. Two aspects of review should be done; the first one is whether this article is really imparting benefits to citizens of India and people living inside this state. Whether equal distribution of rights to all classes of citizens is reaping richer benefits to all or whether it is fast becoming a tool for political manipulation and the clash of civilizations. The citizens of the rest of India, does not have right to property within the perimeter of Jammu and Kashmir. GOI cannot implement wealth tax upon the perimeter of this state. But GOI continue to pay assistance to the state, which may be at times seems irrelevant considering most of revenue options of state go with state and limited to center. Urban Land Act, 1976, is applicable to whole of India except Jammu and Kashmir. All these seem to create a sense of disconnect of people in the state with others. In this way, the scope of development in comparison with other states in Jammu and Kashmir is lesser due to presence of several bottlenecks in policies.
What is the vitality of Article 370?
Why western neighbor is too much absorbed in Jammu and Kashmir of India and continues meddling with affairs of this state despite losing many battles. Western neighbor is less water zone area. Most of rivers starting from Jammu and Kashmir reach there. Most productive agrarian area of Pakistan is its Punjab province. If India blocks waters, then Pakistan will be a country of deserts. For the sake of water, all these fighting over a chunk of land are going on. Due to adverse administrative decisions after independence, India is suffering. It is Article 370, which is blocking India from taking the right decisions. One should always think and analysis of managerial decisions and if in the long run these decisions seem to be giving negative benefits than there should have been the way to abrogate such laws. Article 370 was implemented considering that is for temporary provisions and slowly. This action will be transferred into the dustbin. There is the only means of binding factors such as producing development. Industries do not want to reach there as they cannot buy a landed property and there are many restrictions. Only, Indian government can produce advance there. It is a fallacy as such an act is there which is obstructing progress locally. So, in what capacity certain political aspirants are supporting this law? Anti defection law applies to all political parties across India, but, in J & K, it has considerable amendments and the law is broken into pieces by the then government. What it is about the production is that due to presence of Article 370, good laws such as Urban Land Act and Anti Defection Law are not present there.
If moral law does not find it places in a democratic society, then what is the vitality of Article 370? It is blocking developments and implementation of progressive laws. Under this article, Indian Parliament cannot increase or reduce the border of this state. Under article 253 of the Indian Constitution, Indian Parliament can implement international agreements and accords, in any state but it cannot inside J & K. All these provisions seem to be the fallacy of making a convenient situation for some and worse for some. Democracy means equal rights to all citizens of India irrespective of cast, creed, religion and sect. Article 370 revives two national theories and secures it for a long time. That is why separatists with the help from terrorists across the border have been targeting other religions in nineties during peak militancy period. India constitution has given provision for equal status to all sects, religions but on the other hand owing to article 370. There are massive scale exploitations of rights of numerous religions. It is surprising there is no such wide scale frank discussion of this article inside domains of India and it continues to keep a blind eye to the antipathies of man irrespective of their status and religion.
Article 370 has violated principles of Indian citizenship:
Special treatment is delivered to the valley in the name of backwardness and poverty stricken. Is India a prosperous country and are there no other places in India where there are more poverty and appalling situation than valley? In KBK, (Kalahandi, Bolangir, Koraput) districts of Odisha, the eastern state of India, were extremely poverty stricken sometimes back. Now, there are advances and roads and many small and large scale industries are flocking there in order to make these lands more productive so that the tribal population sees the growth of life there. There are numerous patches of India where the light of development has yet to be reached on and this does not imply that one sector of the valley is only underdeveloped. That is why considering various aspects of related issues of development does not imply implementation of article 370 in one segment of the Indian state in order to bring upon many stratum of development. Since independence of India, several thousands of rupees are spent in Kashmir but without any apparent signs of development. Where all the money goes, is there a meaningful audit of flow of such humongous money into Jammu and Kashmir. Article 370 has violated the principle of Indian Citizenship. It is not giving equal rights to all citizens. Owing to presence of this article, a chunk of Indian citizens are deliberately kept separate from the rest of mainstream Indian society. All these instruments have been fueled more by Pakistan by constantly supporting separatists and throw a huge chunk of terrorists for obstructing peaceful environment in India.
Scheduled to this article feeling of regionalism, separatists have been inculcated in the minds of young Kashmir people. According to former Governor of Jammu and Kashmir Jagmohan, “the instrument of Article 370 has become playing field for creating injustices and inequalities”. If history to be believed, prior to implementation of this act for both religious communities has been staying peacefully. Now, there is heavy politics of not removing this article. Some politicians have been defending this article in the name of integration and unity. This article is temporary in nature. We have seen in the last 60 years pros and cons of this article. Now, there is time arises to abrogate this article and watch and observe for the next 60 years what are rippling effect as a result of this. It is an insult to rest of India citizens. It is now time to create uniform law all around India irrespective of state, sect and religion. It is all about being Indian and it is about staying in India and roaming freely all round India without any police regulations. The Constitution of Jammu and Kashmir has been framed under the Indian Constitution. Indian Parliament and President have powers to repeal it at any time. Indian constitution allots duties and responsibilities to the citizens of India. It is the awareness of duty as well as rights that is necessitated to create a state of extreme success. To have a healthy and successful nation, every part of India should completely integrate to mainstream life of Indian politics. Has Article 370 been successful in creating a perfect symposium between rights and duties of Indian residents living inside Jammu and Kashmir?