Kounsar Bashir/ Mir Faizan Qazi/ Aadil Manzoor
The Articles 370 and 35 A granted a special, semi-autonomous status to the erstwhile state of Jammu Kashmir, which was scrapped by the BJP led central government on August 5, 2019.
The article initially provided the erstwhile state with a limited autonomy, which included the freedom to make its own laws, even a separate constitution and a flag. It also barred the non-state subjects from purchasing land and permanent settlement in the state.
The state even had its own Prime Minister but the said article was diluted a number of times with the coordination of elected governments in the state on the pretext of integrating it with the union of India and providing good governance and administration.
Article 370 was still of great significance for the Kashmiris, who were emotionally and psychologically connected with this symbolic special status, despite several dilutions over the years.
The Indian parliament passed a resolution and on 5th August 2019, a Presidential order was issued which made all the provisions of the Indian constitution applicable to Jammu Kashmir. In addition, Jammu Kashmir Reorganisation Act, 2019 was also passed by the parliament which divided the erstwhile state of Jammu and Kashmir into two union territories of Jammu Kashmir and Ladakh. The re-organization took place on 31 October 2019.
Weeks before the article was abrogated, the Modi-led Government initiated a massive arrest spree through the length and breadth of the valley. During the crackdown, thousands of people were detained. Hundreds including Journalists, Lawyers, students, activists, businessmen were jailed. Many were sent to jails outside Jammu Kashmir.
The Bhartiya Janta Party-and its allies, seen here and there across Jammu Kashmir organizing events and party functions, have been claiming that “Naya Kashmir” was on the way to prosperity. However, facts and figures do not agree with the ruling Bhartiya Janta Party, nor do the people of Jammu Kashmir.
The Kashmiriyat tried to talk to different groups of people about their insights on the impacts of abrogation of Article 370.
Saqlain Mushtaq- Postgraduate in History
Saqlain Mushtaq, a postgraduate student of history said, “Don’t promote antagonism towards your policies among Kashmiris by commanding unacceptable unilateral compromises.”
“Our future is in danger because the quashing of Article 370 has let the Indian citizens apply for a domicile certificate in Jammu Kashmir, which was earlier confined to the original residents of Jammu Kashmir alone. For non-residents, obtaining citizenship here was not possible before. Now with the termination of article 370, it’s all possible,” he said.
“The interlopers can now apply for any government job, earlier meant for the natives of Jammu Kashmir only. As a history student, I fear that the rich and progressive history of Kashmir may face setbacks due to the bifurcation,” Saqlain Mushtaq said.
“Jammu Kashmir being the only Muslim majority region that has been split into 3 religious divisions, which may turn the secular nature of the state into that of a faction and this strife will be inescapable,” he added.
Saqlain talking about the impact of the decision on the culture and resources of Jammu Kashmir said, “The rich culture of Kashmir will be intensely impacted due to the settlement of interlopers here. Kashmiri community is a very conscious community. They are well-behaved and have high morals. With the settlement of outsiders here, our cultural identity, zeal to help each other, esteem to the elders, may get annihilated. Jammu Kashmir is a land blessed with enormous natural resources. With the abrogation of article 370, these resources can be easily exploited by outsiders.”
He further added, “Jammu Kashmir is a sole holder of borax and sapphire. It also produces 36% of graphite, 21% Marble, and 14% Gypsum, but with the scrapping of article 370, these resources will now be under the supervision of the central government which can have a direct impact on the unemployment of the locals.”
“The August 5 decision should be revoked and statehood must be restored,” Saqlain said.
Anonymous Student
A student wishing anonymity said, “What they did was wrong but it brought with itself something good. Article 370 was a bridge between the people of Kashmir and the Union of India. The August 5 decision came as a shock for everyone. It had both negative as well as positive impacts. The August 5 decision should be revoked and land purchasing should be confined to the locals only.”
The Student further said, “Everything should be restored to pre-August 5, 2019 state, but there shouldn’t be any elected government. The politicians here have maintained hegemony here for the past decades. With the removal of article 370, the rule of the elected hereditary rulers has come to an end in Kashmir. The direct rule of the Centre in Kashmir has crushed their hegemony.”
“They were not accountable to people. They did what they wanted without taking into consideration the interests of the people. We were being looted. The recruitments were not transparent and were made backdoors. But now with a direct appointed Administrator, the Lieutenant Governor, the recruitments have been on rise and hopefully, transparency is being maintained with the free and fair recruitment process,” the Student added.
“Those power-hungry people, for their political benefits played with the future of thousands of people. The corruption and bribery of these hungry people were hidden under the aegis of Article 370. The central government funds and the funds collected from the tax were looted by these elite hereditary politicians and there wasn’t anyone to question or raise voice against them. The Anti-Corruption bureaus set up by them were of no use. They were the puppets of the hereditary rule. Post-August 2019, the Anti-Corruptions bureau and other agencies have been active and are investigating everything and keeping a check to some extent on corruption. The corruption is still there, but there has been a significant drop,” the student added further.
“There should not be an elected government here, as they have given us nothing over the years. They had only looted us and used us for their political benefits. I want Article 370 to be restored. We don’t want to lose our identity, our land to be grabbed by outsiders, our jobs being given to others. There should be a bureaucratic rule, as it somehow ensures transparency in the system,” the student added further.
Another student disagreed saying, “We might have a thousand reasons to disagree with the local politicians, but I do not believe right now is a good time to bundle out our cat out of the pack.” He said in the absence of any voices from Jammu Kashmir, it is mandatory and a duty for every Kashmiri to at least not oppose them, as it serves the agenda of the Bhartiya Janta Party and helps them exceed their vote bank in India over the blood of Kashmiris.
He said that we have seen what bureaucracy has done in the recent past. “At the least politicians were accountable to the people and if they did not work, people had the power to substitute them during the next elections. But the sort of unaccountability we have seen since the abrogation is worse than what we saw for the past 70 years.”
Ali Mohammed Dar- a Labourer
Ali Mohammad Dar, a construction worker said, “If they’ll come, where shall we go? The non-local labourers are already working here for the past several years. They are preferred over us as they are paid less in comparison to us. We aren’t given much work. Now, with the abrogation of Article 370, they may come in huge numbers. They will dominate us here and we may be left with no work. They may start bringing their families and start settling here. God forbid if they start settling here our demographic structure will change. They’ll start encroaching our lands. They should be allowed but not in a huge number. The land ownership rights should be confined to locals. The jobs should be confined to our children, to us, who are the permanent residents of here.”
“Article 370 should be restored as it’s our identity. We can’t let any outsider alter our culture and demography,” he added.
Gulzar Ahmad Ganie, a shopkeeper said, “Being the residents of a conflict-hit region, we have suffered and will suffer until a proper resolution is made.”
He further said, “The continuous lockdowns have hit us badly. We are already suffering from an economic crisis. After the abrogation of 370, it’s become easier for non-residents of Jammu Kashmir to come and set up their business establishments here. If this happens, it will further add to our miseries. The small-scale local industries will be badly impacted by the set-up of new industries by the outsiders. They may bring their own workers and will render more people jobless.”
“The article 370 must be restored. Employment opportunities should be limited to locals only,” he added.
Syed Basharat- Political Analyst
Syed Basharat, a Socio-political Analyst said, “Abrogation of Article 370 or 35A was a sub judice matter because it has been taken to the honourable Supreme Court of India.”
He said, “There are political statements that some are happy with Abrogation of article 370 from regional to some National parties are unhappy with it but neither their happiness nor the celebrations or sadness of any political parties will be taken to consideration. So everybody is putting the faith in the judiciary.”
“It’s on the record from last 6 decades how the Congress and other regional parties in Jammu Kashmir managed to deal with article 370. But when we come across the ideology and manifesto of the BJP, we see that the abrogation article 370 was on cards with the BJP manifesto since years. When they came into the power with a huge majority, the manifesto they had given to the country long ago was implemented,” Basharat added.
Talking to The Kashmiriyat, Syed Basharat said, “To every action, there is a people’s reaction. Till now we have not seen people’s reaction to abrogation of 370 because there was a complete lockdown after 5th August 2019. And when we were expecting some normalcy, immediately after that another lockdown due to COVID-19 was imposed. So there has been a continuous lockdown since past 2 years. The response of the public is yet to come.”
He further added, “In Jammu Kashmir, we had a different article in the constitution of India. It was a political move, otherwise every state is enjoying their privileged status. And we (the people of Jammu and Kashmir) demand the same, as 7 states of India have article 371 and that we too must have land rights protection, job reservation, educational packages under article 370 (35A).”
Najmus Saqib- Politician
Najmus Saqib, Jammu Kashmir PDP spokesperson said, “This decision was immoral, enforced and it was not a democratic decision.”
“It was an unconstitutional move where people were caged. Thousands of youngsters were arrested, and leaders were behind bars. People of Jammu Kashmir had to decide what was done in strict walls,” he said.
“Looking at the situation in Jammu Kashmir, where is the development and the peace? Anyone who speaks up is lodged in jail. All we are asking for is what was illegally snatched from us should be restored back,” Saqib said.
Talking about the prolonged lockdown in Jammu Kashmir, Saqib said, “If Madhya Pradesh and Haryana are protecting their jobs, why can’t J&K do that? How will Kashmiri youth facing lockdown from 2 years, Internet shutdown, without schools, colleges, universities compete with rest of India?”
Shahid Lone- Lawyer
Jammu Kashmir High Court Advocate Shahid Lone said, “Article 370 was added to India’s Constitution in 1949. It allowed Jammu Kashmir to have their own constitution, a separate flag and independence over all matters except foreign affairs, defence and communications, and much more. Article 35A provided safeguards relating to the property.”
He added, “Jammu Kashmir had a separate flag owing to the provisions of Article 370 in the Constitution of India. Now, Jammu Kashmir’s state flag and emblem cease to exist. The authority over three key areas i.e. law and order, transfers, and appointments of IPS, IAS, and ACB will be looked after by the two LGs of the UTs instead of the Chief Minister as per the Presidential Proclamation.”
“Ranbir Penal Code (RPC) has been replaced by Indian Penal Code (IPC), which used to govern state judicial system for decades. The new appointments to the executive cadre will be made from the Arunachal Pradesh-Goa-Mizoram-Union Territory (AGMUT) cadre,” Lone said.
“Since, the erstwhile state of Jammu Kashmir was never under the purview of IPC, legislations and precedents set forth by the Indian Parliament, the Supreme Court of India respectively had no effect over the laws enacted in Jammu Kashmir,” He added.
“The domains in which claims and counterclaims were being made included development, infrastructure, grassroots democracy, anti-corruption measures, tourism, creation of jobs, relative freedom, quality of life and perhaps a few more was expected, especially when the decision was strongly supported in Parliament, with two-third majority in Parliament but the ground situation seems to be different,” he told The Kashmiriyat.
He further added, “There may be few benefits of the abrogation but the immediate effect is adverse. Abrogation should have meant development and progress but still, after 2 years of abrogation every section of the society seems to be adverse as to what they were earlier.”