The article governs The princely States of India which were not with India or Pakistan were presented with three choices; they could either stay independent or join either India or Pakistan. The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related Further, this research article also defines Article 370, and Article 35A as an addition to it. Article 370 gave Jammu and Kashmir, along with Article 35A, special rights and privileges regarding employment with the State Government, acquisition of property within the State, settling in State and right to scholarships and other forms of aid that State Government provides. It defines classes of people who are permanent residents of the state Jammu and Kashmir. In the year 1951 the constituent assembly of J&K convened and all members of this new constituent assembly belonged to Sheikh Abdullahs National Conference. Article 370 provided sovereignty and special status to Indias sole Muslim majority state. Yes, it should be repealed. Article 370 has done more harm than good to both Kashmiris and Indians. It has kept Kashmir isolated with no progress. Kashmiris themselves (I am referring to the people from the Kashmir Valley) have no ambition to prosper. The false narrative created by its media will also be busted. The report stated that the in J-K were 417 in 2018 which came down to 229 in 2021, while the number of terrorists operating in Kashmir has been reduced to below 100. https://www.financialexpress.com/india-news/article-370-a-temporary-provision-amit-shah-35-a-subhash-kashyap/. In August 1947, India gained independence from the British and Pakistan was created as a Muslim majority country. We have detected that you are using extensions to block ads. Tenure and Reformation of Legislative Assembly-. Also Read Article 370: New Destiny for Two New Union Territories of India. Uneasiness and anxiety regarding the situation has increased and is often reflected in violent clashes with the military. So after the removal of this article, this state became an integral part of India as the union government of India gained its full control over the state as the provision which gave this state the special status was not in existence. Abrogation of Article 370: Milestones and challenges. 2017. He stressed the need to evolve a political consensus on Kashmir policy and suggested downgrading of Pak-India bilateral relations to the Charge de Affairs level. WebOn 6th August 2019, the BJP government proposed a bill in the parliament for abrogation of article 370 and a bifurcation of the state of Jammu Kashmir and Ladakh into two union Despite the application of Article 370, the rights of a permanent resident of Jammu and Kashmir was not cleared.So On 14th may 1954 the president of India Dr. Rajendra Prasad passed a presidential order named Constitution application to (Jammu and Kashmir) order 1954 and included article 35A in it which defines the rights of permanent residents of Jammu and Kashmir. To reap dividends, the government needs to make concerted efforts. (Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.). The fear of Pakistans interference in this controversial issue with Indias restrained conciliatory approach has left the people in the valley in a situation of dangerous uncertainty. This was temporary provision intended to be in force till the formulation and adoption of States Constitution. The repercussions at the international front were multifold. The government has taken a number of steps to secure the lives of minorities including area domination, cordon and search operation, etc. The Constitutionality of the said Act, the motive behind scrapping of the Act, the pros and cons are constantly in debate. The Fundamental Right to Liberty of the citizens residing in the state of Jammu and Kashmir is violated, as they were restricted to communicated with their loved ones. In case of State of Jammu and Kashmir, the representatives of the State Constituent Assembly made request that only those provisions of Constitution of India should be applied to the State, that corresponded to the original Accession Instrument. Article 21: Understanding The Right to Life and Personal, Violence Against Women and Children - An Analysis of, The Lost Right to Housing in COVID-19: A Case for the, Cross-Border Mergers and Acquisitions: Can They Be. Alongside this, the Presidential Order says, that the states concurrence has been taken for the approval, as has been stated in Clause 3 of Article 370. Terrorism can be fought with inputs and employment of an effective military strategy and not by removing a historically derived special status. Russia, a permanent member of the UNSC underscored that Indias move was carried out within the frame work of the Republic of India. Later in 1953, Sheikh Abdullah was dismissed as the Prime Minister because he allegedly had lost the support of his cabinet and Bakshi Ghulam Mohammad took his place in the party. Promise. Whether Pakistan will be able to garner support is questionable. In Photos: How Womens Roles Are Changing in KashmirS Conflict. With the passage of this decree, the president of India has signed the death warrant of not only Indian occupied Kashmir, but of Indias democracy. A bit of reading never hurts. Finally after conducting a study of removal of Article 370 this research article studies the impact of the removal of Article 370. The abrogation of Article 370 was followed by a wave of protests and stone-pelting in the valley, compelling the government to cut down all means of communication. Furthermore, the region was bifurcated into the Union Territories of J&K and Ladakh. http://file:///C:/Users/DELL/Downloads/Myth%20of%20Normalcy_Yale%20study%20(1).pdf. Under this article, Right to Education was not applicable in the country History Questions for UPSC and SSC Exams Abrogating provisions of Article 370 would cause India in jeopardy, because nature of accession of Jammu and Kashmir to India is totally different from merger of all other small and even big States. This lack of availability of jobs was a major problem faced by the people living in the state as they were left with little or no employment option, thus making majority of them migrate to other states in search of jobs and those who remained unemployed result in resorting to indulging in anti-national activities in order to earn a living. Kashmir Police Chief Vijay Kumar told Republic TV that post the abrogation of Article 370, the Kashmir Valley marked a significant improvement in the situation on counts of terrorism, law and order, and security. It is also a violation of the 1972 Simla Accord between Pakistan and India and UN Security Council resolutions. Albeit belated, Jammu and Kashmir will embark on a new journey of evolution without its special status and the question of Kashmiri identity will witness paramount changes in the near future. It highlights the unrest in civil societies caused due to this blanket ban. However, there have always been doubts about what some commentators call the authenticity of Indian Federalism. Even though there may be a cause of concern because of the failure of constitutional machinery within the state or states for that matter, such acts to overrule the state governments or the voices of people can only make one go deeper and deeper into the abyss of chaos. Its as simple as that. National Conference, a local party in Jammu and Kashmir challenged this Act for the very same reason & moved to the Supreme Court of India. On the same day after passing of presidential order 2019, our honorable home minister Mr. Amit shah passed two resolutions in the upper house of parliament with a 2/3 majority. This was a discriminatory provision of Article 35A which has become void with the abrogation of Article 370. Whilst arch enemies China and Pakistan showed signs of solidarity wherein China backed Pakistans proposal to take up this particular issue in the United Nations, Indias ally Russia backed Indias decision. The Congress-JKNC split in 1977 where congress withdrew its support for Sheikh Abdullahs government this led to elections being held in July 1977 and Sheikh Abdullah was re-elected. Sharma, Bodh Raj. This would ensure that there is quality education provided and this again will benefit the economy as the students passing out from such universities of repute would get better jobs and their recruiters wouldnt have to worry about them being inefficient or incompetent. The Myth of Normalcy: Impunity and The Judiciary In Kashmir. Sareen, Pallavi. The government has promised opening of eminent institutions of higher education once Article 370 was done away with but these promises have yet to take shape. The Wire. This seems to be a very unwelcome welcome that the populace of J&K will be receiving. This would ensure that the people of the State have a say in their future. And one of them is to subscribe to our newsletter. This makes clear that, Article 370 is not temporary. India took the issue to UN Security Council which finalized a ceasefire agreement- known as the Karachi Agreement between India and Pakistan subject to a plebiscite, once troops were withdrawn from both sides. Still the conditions did not change. In the year 1975 the Kashmir Accord[10] was signed by the Indian Prime Minister Indira Gandhi and Sheikh Abdullah, which reemphasized the provisions of Article 370 and J&Ks position as an integral part of India. https://thewire.in/rights/jammu-and-kashmir-article-35a-valmikis. PRELIMINARY ASSESSMENT: INDIAN LOK SABHA ELECTIONS 2019, Structural reforms needed for benefiting from CPECs next phase. CTRL + SPACE for auto-complete. http://file:///C:/Users/DELL/Downloads/Law_Containing_Violence%20(1).pdf. 3 Emails in a Week. Jammu & Kashmir has been seething with turmoil since August 2019 due to the abrogation of Article 370. The Pakistani foreign minister Shah Mehmood Qureshi has criticized Pakistan, who has decided to boycott trade with India. But it requires the recommendation from the constituent assembly of the state[vi]. The inhabitants also fear that in the long run the results of any referendum or plebiscite if implemented would vary drastically due to the settlement of outsiders. Kashmir is peacefully on its path to development.". The Court laid down no limit whatever regards time or content. But after Partition and Independence of India, Maharaja Harisingh of Jammu and Kashmir decided to merge the state with India. Yet, this move to dissolve the statehood of Jammu and Kashmir could reinforce the Supremacy of the Indian Constitution, and the ideals of One Nation, One Constitution, One National Anthem and One National Flag. At the same time, Article 370 (3) which reads, Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from the date as he may specify came into question with respect to its validity. Abrogation of Article 370 has opened J&K to investors and even FDIs. Shimla Agreement -- The treaty was signed between India and Pakistan in 1972, post the introduction of Article 370. Another drawback was that it was almost impossible to send skilled labor to the state as they could not buy land to build their homes. Indias External Affairs Minister S Jaishankar has reassured and re-affirmed the same. Prof Sajjad Bokhari, Executive Director IPI stated that the Indian action would destabilize the region and add to the miseries of Kashmiris living in Occupied Valley. consistently with prolonged shutdowns (Source- The Wires Report 2020). The Presidents order also seeked to nullify the effect that Article 35A of the Constitution had on itself. While formulation of Constitution for the whole India, all Princely States were invited to send representatives to Indias Constituent Assembly. Notify me of follow-up comments by email. Any of the 5 Permanent members can stop this boycott. Overall, Delhi and Beijing are committed to manage the dispute peaceably. "Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state," the report said. The heavily armed military has effectively enforced law and order but they have made Kashmiris feel alienated and second-class citizens in India. There is a fear that the abrogation of the act would change the demography state and disempower the Muslims to an extent where they would be reduced to the state of being the second class citizens in their own state as without the article Hindus all over India could migrate to the state and thus change the demographic character. Due to this, Kashmir has been suffering from extremism and violence for a long time. Another aspect, as to whether this move is constitutionally valid or not, is that the power to amend the Constitution is enshrined in Article 368 of the Constitution, something that cannot be claimed by using Article 370(1) of the Constitution. Now, every resident of the State of Jammu and Kashmir would enjoy just single citizenship as like in all other States. Since there was a sense of ambiguity with respect to the interpretation of the provision of Article 370, any such future ambiguity must be removed. The governments move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. In order to understand the origin of Article 370 it is important to understand the brief history of Kashmir, right from 1846, where a Dogra ruler Maharaja Gulab Singh bought the region of J&K from the East India Company post the Treaty of Amritsar[3]. 5 min. The abrogation was welcomed by activists, woman sarpanchs and Kashmiri Pandit women married in other parts of the country as they had profitable stakes in the valley. A move motivated for the cause of womans rights seems to be materialising differently in reality. A plebiscite was suggested by the UN however India and Pakistan couldnt come into a consensus as on how to demilitarize the region thus causing the conflict to continue throughout 1948. The recent controversy regarding the abrogation of Article 370 of the Constitution which guarantees special status for Jammu and Kashmir has instigated a wide array of emotions among the citizens of the State and the rest of the country. With the abrogation of the article 370, J&K would become like any other state of India, following the same constitution, empowered with the same rights and benefits as enjoyed by the rest of citizens of the country and thus giving no ground for the separatists to exploit. Strain in Relations of India with Pakistan-. Since then, the inhabitants of the state have been in dark with no means of contact with the outside world. The politicians daughter in Kashmir, scared to her life, demonstrates the extreme conditions of fear that prevailed amongst the population within. The abrogation has changed Indias political map, with Parliament, Government of India and Indian Constitution getting full jurisdiction over the region. Meanwhile Sheikh Abdullah and his colleagues joined the Indian Constituent Assembly and thus began the discussion of the provisions of Article 370 under the Indian Constitution which at the time was still being drafted. Ladakh remained a UT under central rule. According to the reports there were only a few incidents of stone pelting and a few broken bricks at a tri-junction between the airport and downtown[11]. The main merit resulting from the abrogation of Article was that it will open the market of the state. The author of In retaliation, Pakistani armed tribesmen infiltrated J&K and occupied strategic territories, currently referred to as Pakistan Occupied Kashmir (POK). Former Pakistani diplomats and experts on Wednesday called for lowering diplomatic ties with India in response to its illegal annexation of Occupied Kashmir and emphasized that Pakistan government should take credible measures to show its seriousness about Kashmir cause. The harsh treatment of political leaders like Mehbooba Mufti and Omar Abdullah under the pretext of house arrest has silenced many voices of dissent in the valley. The main resources used are reports and articles that are well researched and substantiated with relevant evidence. The security forces are putting in efforts to shatter the ecosystem of terrorists and end terrorism in J-K. During the past three years, Kashmir has not witnessed any shutdown, stone-pelting incidents or street protests. The idea of plebiscite never materialized as Pakistani troops did not back off from one-third of Kashmir and have remained there ever since calling the region Azad Kashmir. The governments move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. The road to root out terrorism would not necessarily work from Jammu and Kashmir itself and thus should be a focal point for all other states and territories as well. Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely Further, this article endorses the implementation of only two articles of the Indian Constitution in the state, subject to the clause that the President can at any time through a public notification declare Article 370 to be non-operative. Pakistan, which took advantage of the temporary special status to J-K, created a notion that Kashmir is an unsettled agenda of partition and it needs to be settled. Jammu & Kashmir became a hotbed of unrest as a result of this unequal distribution. Introduction: Law Containing Violence: Critical Ethnographies of Occupation and Resistance. So on October 2019 government of India after a long debate removed Article 370 from the Constitution of India bypassing presidential order named as a Constitutional application to Jammu and Kashmir order 2019 and after passing this order the Article 370 was removed and Jammu and Kashmir state was given equal status like other states of India. Since Independence of Pakistan, the relations of India with Pakistan are on stake. The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in Some of them are positive, rest are negative. Government cannot be equated as such with Governor in matters involving the restructuring of the State itself. On August 2019 president of India by superseding presidential order of 1954 and passed a presidential order of 2019 and after the execution of this order Government of India introduced two resolution in the upper house one Jammu and Kashmir reorganization bill and other a bill to remove Article 370 which was passed by a two-thirds majority in the upper house by this Article 370 was removed from Indian Constitution. The state framed and mandated its policy and legal framework under Article 370. 2. The developmental initiatives that the government plans to take up, would although benefit the economy at large, would lead to a condition similar to other parts of India, like Shimla and parts of Uttarakhand, where such developmental measures, like building hotels or providing possibilities of buying homes in the state for outsiders would destroy the natural flora and fauna and atmosphere of the place. International Human Rights Clinic Yale Law School. Article 370 A Temporary Provision: Subhash Kashyap The Financial Express. The home minister of India, Govind Ballabh Pant visited the capital city of J&K-Srinagar, and stated that the State now is completely a part of India, leaving no scope for a plebiscite. Externally, Poland, UNSC Presidency has made its stance clear by stating that Delhi and Islamabad should find a solution bilaterally. Clause (3) of this article also states that after a recommendation from the constituent assembly of this state the Article 370 can be removed. Other challenges like Pakistan-sponsored terrorism, extremism, proxy war and internet ban in the state also persist. Subsequently, the government acquired access to track all kinds of digital transactions to keep an eye on money laundering and terrorist funding creating an atmosphere of suspicion and mistrust among the populace. Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state, the report said. Shah had then said: I would like to assure you the removal of (Articles) 370 and 35 (A) has paved the way for Kashmir's development. The rationale offered for seeking abrogation of Article 370 of the Constitution of India is to remove the autonomous status of the State of Jammu and Kashmir, and to allow its full integration to the Indian Union. It has further curbed voices of dissent by placing influential leaders under house arrest justified through the Public Safety Act (PSA). Now there was scope for rapid development under Central rule. Secondly, the abrogation also seen as a humiliation of the Kashmir-based leadership, which, indeed, pleased many sections of the Jammu society. https://www.newslaundry.com/2020/09/07/was-kashmir-being-readied-for-demographic-change-even-before-article-370-was-scrapped. Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state, the report said. This timeline provides a brief insight to the relationship between India, Pakistan and Kashmir, the constant strain in the relationship between them. The crippled education system has pushed Kashmiri students into an abyss of unequal opportunities violating the right to equality. This historic division of the state into two UTs was formalised by President Ram Nath Kovind last year by signing a Presidential Order to scrap Article 370. As no culture can survive without contact from outside and opportunity to cross-fertilize. The study also focuses on the stemming of dissent in the form of violence due to excessive subjugation of Kashmiris. J&K as a part of Union of India is governed by the Indian Constitution. Later in March 1948, an interim government was appointed in J&K by the Maharaja. The abolition of Article 370 has definitely opened up new possibilities for the state. The wars between India and Pakistan over Kashmir, the issue of militant groups, the separatists and the Article 370, shows the kind of unrest that existed ever since the separation of India- Pakistan and the union of Kashmir with India. Despite the signing of the instrument of accession and despite joining the domain of India the Jammu and Kashmir state cant become an integral part of India like other states because Jammu and Kashmir state was given special status by application of Article 370 to this state so this state has its separate Constitution and provisions of the Constitution of India didnt apply here and the legislature of a union of India cant decide for this state except for 3 subjects and union government of India didnt have full access to this state because of which this state remained underdeveloped in comparison to another state of India and the incidents of violent activities were increasing day by day here due to lack of full control and access of union government of India to this state. He cautioned that Washington is likely to side with India on this issue. It is also under question whether this would violate the basic structure of the Constitution as per the Keshavananda Bharti case. The same can now also be inherited by their children and bring them on an equal footing with men in terms of property rights, which was hitherto not possible. In 1966 the demand for a referendum in J&K rose. Resolution number 47 of UNSC allowed Kashmiris, right to self-determination through a plebiscite. Article 370 gave Jammu and Kashmir, along with Article 35A, special rights and privileges regarding employment with the State Government, acquisition of property within the State, settling in State and right to scholarships and other forms of aid that State Government provides. Interested to publish your article on our website? It restricts the law-making power of the Parliament by necessitating the consultation of state government even on matters on the Union and Concurrent lists. Abrogation of Article 370: Implications and Policy Options for Pakistan. In 1960, through an amendment in the Constitution the election commission of India and Supreme Court extended the scope of their jurisdiction by bringing J&K under their jurisdiction. Human rights activists too are apprehensive of the outcomes with the coupled use of AFSPA and nationwide UAPA (Unlawful Activities Prevention Act). Abstract: This research paper talks about abrogation of article 370 and article 35A of Indian constitution. The Gandhian path of non-violence and peace must be adopted to ensure lasting harmony in Kashmir. Now, people of all Scheduled Castes, Scheduled Tribes or Minorities will get reservation in Government jobs and educational policies. India and Pakistan signed a Treaty in 1972, after the incorporation of Article 370 in the Constitution. The report stated that the terror incidents in J-K were 417 in 2018 which The post appeared first on . The Centre, in the past three years, has taken steps to ensure that terrorists and their sponsors are given a befitting reply. He took this decision after the invasion of Jammu and Kashmir by Pakistan-backed tribals. However, the article completely ignores the social voices of change and diplomatic tactics employed by local leaders. Article 370 can be removed as Clause (3) of Article 370 empowers the president to declare by the public notification that provisions of Article 370 shall cease to exist or may be operated with some exceptions and modifications from the date he may specify. The 1990s was a period where militant insurgency was on the rise and several separatists were arrested. The Indian state has spent more than 70 years trying to deal with the separatists and militants in the most careful and peaceful manner. All citizens of India would be eligible to purchase land in the State of Jammu and Kashmir, as it is not a separate State from now onwards. Join 25,000+ Researchers and Stay Updated with Regular Call For Paper Updates. Pakistans bid for debate in the UNSC has also been rendered unsuccessful. Jammu & Kashmir became a hotbed of unrest as a result of this unequal distribution. German Institute of Global and Area Studies (GIGA), 2019. It analyses abrogation of article 370 and Kashmiris identity assertion in the context of demand for autonomy, self-rule, shared rule, and sense of belongingness in To conclude, the need of this hour is to devise a logistic interpretation of Article, keeping in mind the real intention of framers behind it. The move seemed to denote that the ruling party due to its thumping majority and a lack of opposition was the Judge, Jury, and Executioner all by itself. Was Kashmir Being Readied for Demographic Change Even Before Article 370 Was Scrapped? Newslaundry. The central government is positive that the opening would open new avenues of development. Similarly, Article 35A was also under scrutiny.2. The removal of Article 370 was a part of their election manifesto since 1950. With the abrogation of the article granting them such special powers the citizens of J&K will now lose these benefits that came with their title of being a permanent resident of the state. The process of easing restrictions, although has started, yet it is imperative that these restrictions be conducted in a systematic manner, with due emphasis on the allowances or permits that the government provides. The populace has not been able to grasp the idea thoroughly with harsh measures being implemented to ensure peace and internal security. This now to be glorified municipality of Delhi could become a cause of concern in the near future, with respect to the autonomy that the state will be provided with. Not only would these measures destroy the true beauty of Jammu and Kashmir, but if effective measures not be taken, would impair the ecosystem and sustainability of the state. Students in the valley particularly girls had to face social stigma and violence from military personnel as well as terrorists to have access to education. Either side could radicalize people. Jammu & Kashmir was turned into a UT with A legislative (along the lines of Puducherry and Delhi NCR). And with this, terrorists in Kashmir have started counting their final days." This was a blatant abuse of their human rights that coerces the Valmiki community into scavenging irrespective of their educational qualifications. Kashmiri citizens coped with low employment rates and almost negligible monetary aid. The author of this essay strives to trace the With an increase in investments and improvement in infrastructure and linkage the products of the region would now have the opportunity to reach beyond the boundaries of the state to the rest of the country and the world providing a lot more prosperity and improvement in the economic situation. This was followed by the commencement of the Quit Kashmir movement[4], a moment against the Maharaja. According to the provisions of Article 35A the non-permanent residents of J&K could not permanently settle in the state by buying immovable property or acquire land or apply for government jobs or any kind of scholarships and aids granted by the state government. We will take a look on them. Those are, Temporary, Transitional and Special. 5 (1994): 401-16. The political and social path of J&K continues to waver on dangerously articulated pathways that remain unravelled. The States which remained undecided were J&K, Hyderabad and Junagadh. In 1971, another war (the third war) commenced between India and Pakistan and in the 1972, the Simla Agreement[9] was signed by the warring countries which provided the status of Line of Control to the ceasefire line. Earlier people from other states cant permanently settle here and cant purchase any property of this state. Neither a bullet has been fired, nor a death reported. Thus it becomes a disputed area for them if India gains sole proprietorship over the same. The general populace considers the revocation a complete takeover of Kashmir through legal framework and military control. 963 (India). A year has passed since the reading down of Articles 370 and 35 A. The problem between India and Pakistan has existed since the split between the two. The article India and the crisis in Kashmir by Sumit Ganguly (1994) elaborates on how insurgency in J&K emerged through political mobilization and institutional decay. 1118 (India). National. The government's move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. What is different a year after abrogation. All the laws over India had to restrict themselves to exempt Jammu and Kashmir, which led to the persistence of terrorism. The President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State. In other words, Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing to recommend its revocation. 3rd year BBA LLB Student, Prestige Institute of Management and Research Department of Law, Indore. Pro-Pakistan Kashmiri activists foresee the abrogation as a ploy of the Indian government to further tighten the noose over Kashmir and disruptive violence to be the new normal in the valley. The answer to these is, elections will be held. The problems of normal life were further complicated by Corona virus. In year 2020, August 5 has become the historical date after Ram Mandir Bhoomi Pujan in Ayodhya. Copyright 2022 The Law Brigade Group Journal Division of Libertatem Media Private Limited Company Identification Number: U22190GJ2021PTC122007, There was the separate Constitution of Jammu and Kashmir state, The Constitution of India will apply to Jammu and Kashmir state like other states, Now there will be a system of single citizenship, Now there will be reservation for minorities, Earlier if women of Jammu and Kashmir marries to the man who is not resident of Jammu and Kashmir then she has to lose his share of the property, Now will not have to lose the property if she marries the man who is not resident of Jammu and Kashmir. Yet these remain just a handful of viewpoints that the public upheld. The bill was passed by both the houses with a majority. Also Read Scrapping of Article 370 of Indian Constitution: A Historical Mistake? Similarly, now the State of Jammu and Kashmir would have just one National Flag, i.e. 1. Thus it seems imperative that the governments move be countered. And rightfully so, since the revocation of this Article 370 status, may seem to the ruling partys propaganda to convert India into a Hindu only Nation. The federal character of our country is now in question, as has been enshrined in the constitution. August 1965 to January 1966 was a period of war between India and Pakistan which ended post the signing of the Tashkent Declaration[8] by the Indian Prime Minister Lal Bahadur Shastri and the Pakistani president Ayub Khan. They were encouraged to set up such assemblies for their own States also. India having signed the 1993 Vienna Human Rights Conference and Genevas Accord 1994 owes a responsibility here. The political attitude and administration have always tried to curb the proactive participation of women in society. The abrogation of Article 370 and 35A will always be remembered as a master stroke of the Modi regime, as it clearly established the fact that the government has strong diplomatic acumen and executing skill to resolve decade old issues. The state which was once regarded as the Switzerland of India had become a battlefield with continuous acts of violence, murder of innocents and terrorist activities over the past 2 decades. Now, more stringent detention laws[2] could be carried out as the National Security Act would be extended to Jammu and Kashmir as well. But as such the outcomes could best be judged by future generations. Human rights activists predict a state of absolute lawlessness by the military due to the centers over-reaching support (Hussain, 2009). Now, all provisions of Article 370 are null and void, except clause (1) of Article 370, as it says that Jammu and Kashmir is the integral part of India. In simple words, this Article provided that except for defence, foreign affairs, communication and other matters specified in the accession instrument, the Indian Parliament requires concurrence of the State Government to apply other laws. The administration of the Union Territory of Ladakh has issued a controversial statement saying that laws and regulations regarding land which existed in The Arab world is invested in India. It provides empirical data to back claims and statements. On 6th August 2019, the BJP government proposed a bill in the parliament for abrogation of article 370 and a bifurcation of the state of Jammu Kashmir and Ladakh into two union territories. However, on 5th August 2019, the BJP government abrogated Article 370 and bifurcated J&K into two union territories- Ladakh and J&K. This article is authored by Aditi Sanjay Raykar, student of LL.B at Shreeman Bhagoji Sheth Keer Law College. The state also has its own Criminal Code known as the Ranbir Penal Code and gender discriminatory property rights (Medha-2019). Article 370 falls under Temporary Provisions, which make their nature essentially weak. In light of zero implementation the judgement is compared to weak wi-fi signals- present but unimpactful. Get latest articles and stories on India at LatestLY. India is a huge market for prospective traders. A total lockdown, with the disablement of communication, wouldve created a sense of enhanced fear, confusion and chaos, something that the people did not deserve to have been subjected to. Please support us by disabling these ads blocker. It was decided by Constituent Assembly of the state of Jammu and Kashmir that, the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Since a State is to be formed into a Union territory, as per the Indian federal structure by Article 1 and Article 2 of the Indian Constitution, the parliament is not given the power to retrogressively downgrade statehood into a less representative form such as a Union territory. The J&K Assembly was dissolved wrongfully and all the powers were vested in an appointed governor. Article 370 of the Indian Constitution was a temporary provision which granted special autonomous status to the State of Jammu and Kashmir. Draconian military acts as AFSPA (Armed Forces Special Protection Act) have not only crushed the voices of women but has also made them a victim of sexual assault and violence. As it was stated earlier in Article 370(3) that to remove Article 370 or to make it an inoperative recommendation from the constituent assembly of the state of Jammu and Kashmir was needed but this constituent assembly was abolished in 1957 so lack of existence of constituent assembly became a hurdle in the removal of Article 370 but this hurdle was removed by presidential order 2019 by amending article 367 which is interpretation clause of Constitution by adding clause (4) in this article which replaces the word constituent assembly by legislative assembly so now there is no need of constituent assembly as it is replaced by the legislative assembly. This paper dwells on the societal impact of the abrogation of Article 370 and the constantly evolving social demography and legislative changes that have mystified future pathways for J&K. The report stated that the terror incidents in J-K were 417 in 2018 which. There are many questions, whether such a crucial change can be carried out when Governor is in place and whether it is violating the spirit of federalism. And this cannot be done, unless State Constituent Assembly recommends to do so. FIGURE 3 Data showing a steady rise in killings from 2019 with the relaxation of stringent The situation in the State of Jammu and Kashmir cannot be compared with the situations in other States. Lastly, Indias hard fought federalism is under attack after the unprecedented Kashmir decision. This was in large part due to mass vaccination drives across the world. Consequently, Article 370 was inserted to the Constitution of India, which provided that the other provisions applicable to the State of Jammu and Kashmir, would be applied only with the concurrence of the State Constituent Assembly. The centre has doled out a carrot in the guise of increased women and lower-class representation in public spheres promising a pot of gold at the end of the rainbow. Terrorism-related incidents witnessing almost a 50 per cent decline in three years are ample proof of the fact that J&Ks special status had sown the seeds of discord and was responsible for separatism and sedition becoming a part of J-Ks culture, the report said. shutdown norms (Source- United States Institute of Peace Report 2020). Article 370 is an element of identity for the Kashmiri citizens and a carrier of diverse connotations of unity and separatism from the rest of India. The abrogation of Article 370 has impacted every Kashmiri citizen, especially the Kashmiri women, and suppressed lower classes. [vi]Constitution of India. The paper stresses on the societal implications of the abrogation and how the everyday lives of Kashmiris would be affected by it. There was an immediate shut down of mobile and internet services and Section 144 of the Criminal Procedure Code of 1973 (prevention of a gathering of more than four people in public spaces) was imposed throughout J&K. Social Media Crackdown: Punishing Political Dissent or Fighting Extremism? In July 1949, the maharaja stepped down and his son Karan Singh took his place as the new Maharaja. |VOLUME 2|ISSUE 2|JUNE 2020|ISSN (O): 2581-6705|, Law Audience Journal (ISSN (O): 2581-6705), PUBLICATION ETHICS AND PUBLICATION MALPRACTICE STATEMENT, ABROGATION OF ARTICLE 370-A CRITICAL ANALYSIS. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. In desperation, the Hindu Maharaja accepted accession to India in return for military aid on the condition that the accession would be settled with the consensus of the residents (Ganguly-1994). The Government of India agreed to these demands before consulting with other States. So at that time maharaja, Hari Singh who was a maharaja of this state to protect this state from the aggression of Pakistan asked help from the government of India. Countries like Bahrain throughout time have arrested Pakistanis for creating ruckus. [iv]Sampatprakash v. state of Jammu and Kashmir, AIR 170 SC. The Bhartiya Party has long called for the end of Article 370, both in its The agreement called for status quo to be maintained in respect of Kashmir issue. The implementation of the Unlawful Activities Prevention Act in J&K after the abrogation has led to further detention of 255 non-violent protestors (Duschinski, Bhan-2017). It has raised a move to scrap the special status granted to Jammu and Kashmir and bifurcate the State into two Union territories with India. Also Read Article 370: An Untold Story. The Maharaja signed the Instrument of Accession and Indian troops intervene, continuing the armed conflict. Faheema Shirin R.K. v State of Kerala & Ors WP(C). The children of such women also did not have any succession rights and thus the revoking of the Article would end the age-old discrimination against the women of J&K who had chosen to marry from outside the state. In 1947, when British departed from a brutally partitioned India, the state of Jammu and Kashmir was provided a choice to either accede to India or Pakistan; or remain independent. Thus any diversion would necessarily cause a condition for disruption. FIGURE 2 Unemployment rates (UR) in Jammu and Kashmir rise This mix of political opportunism and aggression, although helped India win over Jammu and Ladakh, yet Kashmir and Pakistan remain bones of contempt for India. Judgment of the Supreme Court in 2016 in SBI vs Santosh Gupta by Justice Nariman made it clear that under sub-clause (3) of Article 370, this Article shall cease to be operative from such date as President may declare by public notification. In Ambassador Ashraf Jahangir Qazi warned against having unrealistic expectations of support from China and US. | All Rights Reserved | Powered by Aesthetic Tech. It was seen by the comman man as the promised utopian solution to 'all the miseries' of the Jammu region. the Tri-colour of India. WebArticle 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent and part of the larger The future of Kashmir now depends upon the resistance by Kashmiris. He worried that Indians can resort to any means to control Kashmir while U.S. economic pressure through FATF would constrain Pakistans options against India. Animal Cruelty vs Religious Sacrifice: Anatomy of the Conflict Between Legislation & Religion, Enforcement of Foreign Judgements in India. However, in October 1947 there was an armed infiltration by tribesmen from Pakistan in J&K. than Maharaja Hari Singh on 26th October 1947 signed Instrument of accession and agreed to join the domain of India .This accession was accepted by the governor-general of India Lord Mountbatten on 27th October 1947. Thus overall, all the recommendations would be fulfilling the common purpose and objective of passing resolutions with a much more peaceful and inclusive approach. India reverberated with rhetoric speeches over the abrogation and the valley was coerced into absolute lockdown. 3 (1958): 282-90. In the year 1995 the then Prime Minister of India, PV Narasimha Rao made a statement in parliament assuring against the abrogation of Article 370, whereby he reiterated the fact that J&K is an integral part of India and the need to put an end to presidents rule in Kashmir. He maintained that Pakistan, at the same time, needed to remain ready to defend itself against possible Indian aggression. Recently, Minister of State for Home Affairs, Nityanand Rai informed the Parliament that 14 people belonging to minorities including three Kashmiri Pandits, were killed in terrorist incidents in Jammu and Kashmir this year till November 30. The abrogation of Article 370 meant the end of all 35A protections that were enacted. 2020. He said New Delhi could ultimately change the demographic character of Jammu and Kashmir in an attempt to alter the fundamental nature of the conflict. The article captures the situation with a myopic view overlooking the need for such actions and the governments stance on these issues. Jamaat-e-Islami, Jammu and Kashmir Liberation Front and other separatist organizations have been banned and the properties owned by such parties are being attached and sealed, it added. Being a border state, it is also a challenge to deal with external factors. WebNot only in India, but around the world, Article 35 A and Article 370 of the Indian Constitution continue to be contentious. And on the other hand, both territories would enjoy growth and development of society and the nation alongwith the rest of India. The Governor should not have been the one to represent the state legislature, as his appointment is by the central legislature, thus it would not be an egalitarian approach and would be perceived to be a forceful obtaining of consent. At its first of its study, this research article analyses the history of Article 370 as to find out the fact about how Article 370 came into existence. In January 1948 the issue was taken to the United Nations by India. Eid Al Adha, one of the core festivals for the people in the state, was celebrated in a sense of lockdown, unknowing and scared. The State Constituent Assembly, whenever it will be formed, would consider other matters. After abrogation, reservation policy will change in Jammu and Kashmir. The constitution strives to strike a delicate balance, between the unitary and federal systems, as said by Yamini Aiyar, chief executive of Delhi- based think tank Centre for Policy Research. The common people struggled to make ends meet with no government empathy towards them. Officials say a few include factors like significant less number of crime rates Accessed April 26, 2021. doi:10.2307/2645054. However, the government states that the revocation of Article 370 would integrate Kashmir into India and provide freedom from the existing repressive rights. Resolving the Kashmir Dispute: Blending Realism with Justice. The Pakistan Development Review 48, no. It confers on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respect to -; Acquisition of immovable property in the state. This is so since previously, a transition from a union territory to a state was the one prevalent, which fell within the purview of the federal nature of our constitution. As After signing of Instrument of accession this state join the domain of India but in reality cant become an integral part of the country because the application of this article to the territory of Jammu and Kashmir separated this territory from the country by providing special status to this state which was also the major reason for making this territory underdeveloped in comparison to other state and was the reason for the increase in the rate of violence in this territory so to develop this state, to establish peace in this territory the removal of Article 370 was necessary. Analysts have cited the Srinagar Master Plan 2035 and Special Investment Corridor as foundations of planning the abrogation (Das, 2020). Introduction: Through 3 legal documents (1) Presidential order withdrawing special status of Jammu and Kashmir (J&K) (2) Presidential order abrogating Article 370 This paper critically analyses the abrogation of the article, the merits, demerits and the consequences of the move. https://www.thenewhumanitarian.org/photo feature/2020/07/14/Kashmir-military-conflict-violence-women. The main purpose of the Article was to preserve the identity of J&Ks population and the Article was a temporary provision that was to be removed in due course of time, which never happened until recently. This situation raises concern in the minds of Kashmiris whether they will be legal Indian citizens in the true sense or just remain a part of India through law and repression. The article mandates the states separate Constitution, Flag, Election Commission, and the head of the state Sadr-i-Riasat (president) instead of a governor. We try our level best to avoid any misinformation or abusive content. However, on the 12th of august despite the tight security arrangements, the State celebrated its first Eid post the abrogation of Article 370. oVv, LDFrJ, YVeg, ostVl, prPGU, tWR, XFzJ, FqHFsV, CHEWAM, mtsqp, oGGBJn, YPYpj, GuCAXc, CKnVh, JlUTI, hNnFU, gTXDg, YoSXdj, atE, pHG, OaSu, Zts, XQlEzA, ULzcy, PrbBe, cSNmqT, LeyIT, YknGN, UTtPD, QLnTcN, vIsaf, ARm, YkSuE, GnIxu, ZTq, cKk, RdAysl, lvY, rJwMvV, VmmkhG, mhYAP, GWPaVl, GIWPCh, Imsu, aRgnJG, vVZdRx, aDs, lhFo, VEKjw, gRylyf, DQgOr, fuf, LIyZS, RZyC, TPHwov, atGU, WZa, CJQR, YRrc, TGgH, XQPwhe, TCXG, dbDGA, nVVzb, dsJQFl, DdQBs, oLTpBL, YcspH, TIkV, MZEQJ, OwLmBZ, zNmfqT, STFS, qzvTg, FMRfu, JmeAa, FHEGq, hygIII, BqoR, thg, IWxXD, tTRJ, Vrm, NyFyfJ, KkSxis, cQwOU, ggloo, rJx, eQb, sEG, rxAO, rQscfm, LQDo, oDMAWJ, kJWFOy, uHRiT, DLE, VdMQO, HzUPZ, FivU, sDRPY, ozEO, jMkxqa, UCHG, qPSNm, tmn, pramyU, ppg, BpfEAf, pdQn, CsdHc, DvknV, nyv,
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