Sunday 29 September 2019

An Article (370) Who’s Time Was Long Due

Article 370 gained greater prominence in the public realm post 5 August 2019, when the Home Minister, Amit Shah, introduced bills in the Rajya Sabha (and the next day in the Lok Sabha) seeking to repeal the Article that ill date was considered to be the ‘umbilical cord’ of sorts that tied the state of Jammu and Kashmir to India. In a politically bold move, the government headed by Narendra Modi repealed the discriminatory article and integrated the state of J&K and its people with the Indian Union in its truest sense.

As per the provisions of the article, except for defence, finance, external affairs and communications, the Parliament of India would have to seek the concurrence of the state to apply other laws that were prevalent in other parts of the country; the much celebrated RTI is one such law. In the absence of the right to information, the leaders of state - entrusted with the job of bringing about prosperity and development - enjoyed a complete lack of accountability and enriched themselves. The citizenry of the state too lived under a separate set of laws including the ones relating to citizenship, property ownership, etc. Many were forced to live the life a second grade citizen for decades. The new set of changes, it is expected, will usher in not only economic development but will also provide a life filled with dignity.

In retrospect, the event leading to the enactment of Article 370 (October 1949) needs to seen from the prism of a newly born nation trying to unify its princely states while leaving behind its dark shadow of partition. J&K, by virtue of its standstill agreement, had remained independent from India and Pakistan, until in October 1947 when M A Jinnah sent armed tribes to attack Maharaja Hari Singh (the then ruler) and the people of J&K. In order to defend his state Maharaja Hari Singh sought military aid from India and also chose to accede J&K to India. The instrument of accession to India signed by Singh sought to hand over defence, external affairs and communications to the government of India while retaining control of the remaining sectors under the J&K Constitution Act 1939. Though peculiar this was agreed upon to after several rounds of negotiations, perhaps with a view that the time was yet not ripe for complete integration of K&K into India and to have a relook once things settle down. Though Article 370 has been watered down over the years, the special status and powers bestowed upon the state continued to benefit the regional parties on one hand and the separatists and anti-nationals on the other. Now with the BJP led NDA at the centre repealing the Article in totality, the special status of the state has come to an end, and at the same time a new dawn of development has just risen.

A question that one ought to ask is – why did it take such a long time to end the special status, which continued to be temporary even after being in force for close to 70 years? A simple research would show that the special status was merely used as an alibi to deprive people belonging to SC/ST from the benefits of reservation in education and jobs. Injustice meted out to J&K women by depriving her rights of ancestral property, in case she chooses to marry someone from outside J&K was known to one and all, but spoken perhaps only in hushed voices.  Given the restrictions on purchase of land, no investors thought it worthy to establish educational institutes, hospitals, industries, etc. Those speaking of human rights and atrocities on SC/ST did dare not speak on the plight of the Valmiki community living in J&K; however educated they may be they were only entitled to work as sweepers. The hypocrisy of the ‘rights champion’ has been rightly debunked with the repealing of the Article 370. It’s easy to find champions espousing the cause of refugees to belittle the government of the day; but sadly, none dared to speak for the right to a dignified life when it came to when it came to families of West Pakistan refugees; or for that matter the injustice meted out to thousands of Gorkhas residing in the state. At the same time let us now hope that Kashmiri Pandits, who have been forced to live as refugees in their own country, can resettle in their ancestral land. Why it is that one couldn’t find a credible voice that spoke of the step-motherly treatment meted out to the people of Ladakh? Isn’t it true that our discussion on J&K is majorly to do with Kashmir and those who speak on lending their voices to the voiceless never dare to question the neglect of the Ladakh region?  If one were to carefully listen to the speech made by the Ladakh MP, Jamyang Tsering Namgyal in the Lok Sabha it would be an eye-opener for many.

There are the naysayers and also the hyperventilating flag-bearers of freedom (as Sandipan Deb terms them) who will cry foul, rage and provide fodder to the enemy next door. The government must not lose its narrative. It has taken a bold decision and corrected many a historical ‘wrongs’; the ball has been set in motion and we must give it its due time.