[157][158], The Telangana and Andhra Pradesh-based YSR Congress Party's parliamentary party leader V. Vijayasai Reddy supported the scrapping of Article 370 and termed the step as a "courageous and daring" step by Amit Shah. [273] The Wire said that the visuals published by BBC belie the Government reports. [116][117], The move to abrogate Article 370 and establish a union territory in Ladakh was welcomed by the Ladakh Buddhist Association[118] who then organised a thanksgiving celebration in Leh to on 8 August 2019, which was attended by political and religious leaders. [37] The effect of the Presidential orders issued between 1954 and 1994 had been to extend 94 of the 97 subjects in the Union List (the powers of the Central Government), and 260 of the 395 Articles of the Constitution of India to the State of Jammu and Kashmir. [55] However, on 3 August, Omar Abdullah said that Governor Satya Pal Malik "assured him there was no initiative in progress to dilute Article 35A of the Constitution, start delimitation or trifurcate. [314] The Nation, in its editorial said, "The lack of coverage in Kashmir has increased the likelihood of misinformation and panic being spread, all of which puts the lives of Kashmiris in danger and uncertainty. It is only due to the abrogation of the article 370 and 35A that today Kashmir has been able to host G-20 session that has put Kashmir on the map of 50 top global . [285] A large protest took place outside the Indian High Commission in London the following day, in which Indians celebrating Indian Independence Day were attacked. India is violat ing human right and making people imprisoned, killing On Twitter, hashtags such as #KashmirBleeds became top trends. [85] On 14 October 2019, postpaid mobile phone services were fully restored in the region. You can say that the entire eight-million population has been incarcerated like never before," and in an interview with The Guardian, described that the revocation of Jammu and Kashmir's special status was "an insult to the dignity of the people. The Jammu and Kashmir Reorganization Act On 3 September, another violent protest took place outside the Indian High Commission in London, when pro-Pakistan protesters pelted stones and eggs at the High Commission building, causing damage to the premises. The map was adopted for official use throughout Pakistan. The map also annotated Ladakh's boundary with China as "frontier undefined", whose status would be formalised by "the sovereign authorities concerned after the settlement of the Jammu and Kashmir dispute." Announcing the move, home minister Amit Shah also decided to bifurcate the state into two Union territories - Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a . [307], Geo News reported that members of the Kashmiri community gathered at the Pariser Platz of Berlin's Brandenburg Gate and protested against India on 11 August 2019. Article 370 was brought into force in 1949. [187], On 9 August, according to a Reuters report, over 10,000 people protested in Srinagar against the Indian government's decision to revoke Article 370, with some protesters pelting stones at government security personnel. [178] The foreign minister also called for circulation of the letter among members of the Security Council. On August 5, 2019, the Government of India announced the abrogation of Article 370 and annulled Article 35A in Jammu and Kashmir. It also noted that Section 144 of India's Code of Criminal Procedure is not to be used for suppressing people's expression, ordering the local administration to publish every usage of that provision to enable its public scrutiny. Guha states, "when a very complex order or a proposal by the government comes to you, it's obligatory for the President to consider it, to reflect upon it, to return it, especially when it is juxtaposed by the news that the Valley is shut down, former chief ministers are placed under house arrest, and landlines and mobiles have been completely obliterated. Until 4 March 2020, the number of whitelisted websites were increased. [49] Deva Zaid finds the orders to be extra-constitutional. Meanwhile, some notable political figures including former chief ministers, too, continue to remain in custody. Aug 05, 2021 08:05 AM IST On August 5, 2019, Articles 370 and 35 (A) were nullified that gave the erstwhile state its special status and the mandate to define its domicile rules. [295] The event description read "Kashmiris do not accept the illegal occupation or unilateral colonial impositions by India. [152][9], Some senior Congress leaders openly came out in support of the action. The Indian delegation started to counter the protesters, following which the local police intervened and escorted Shazia Ilmi and her associates from the location.[309]. "[144] The Punjab chief minister also banned any form of celebrations or protests in his state in matters relating to Article 370, ordering increased security to some 8,000 Kashmiri students studying in Punjab. Declaration under Article 370(3) of the Constitution (C.O. October 4, 2022 - 1,111 likes, 8 comments - Kashmir Update (OFFICIAL) (@kashmir_updatee) on Instagram: "Gujjar, Bakarwal, Pahari communities to get reservations soon . [19] This article, along with Article 35A, defined that the Jammu and Kashmir state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to residents of other Indian states.[20]. With the decision, the government also transformed Jammu and Kashmir into a Union Territory and separated Ladakh to form another UT ruled directly by the central government. AP [115] Namgyal also said that the move had support from all regions of Ladakh, including Kargil. [153] Bhupinder Singh Hooda, former Chief Minister of Haryana, supported the government's decision saying that the Congress party has "lost its way". [34] Similarly, Article 35A of the Constitution of India, introduced through a constitutional order in 1954, authorised the state legislature to define 'permanent residents'. [321] According to India Today, a portion of the video is authentically from Dullbagh Road in Srinagar, but it is unclear if it is a fresh video or an old video clip inserted in. Article 370 came into being in 1954 through a constitutional amendment and 35A was imposed by a presidential decree. Voice call and SMS services were also restored for the whole Union Territory. Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. Section 144 of CRPCis issued at the time of security threat at the time of riots. [297] Protesters also gathered outside the White House on 10 August 2019 and urged Washington to help the people of Kashmir. essentially scraps Article 35A. This means that the two union territories came into existence on 31 October 2019 as planned. This is a reversal from an earlier policy, where the Indian security forces had to request special permission to buy land in the area. This article was added to the Constitution of India by Presidential Order in 1954 and got issued under Article 370 of the Constitution. [73][74] Jammu and Kashmir's former chief ministers Mehbooba Mufti and Omar Abdullah,[75] and MLAs Mohammed Yousuf Tarigami and Engineer Rashid were among those placed under "preventive detention"[75] by the security forces. [120][121][122], It was reported that celebrations had taken place in Jammu with people distributing sweets, dancing and playing drums. The result was twofold: a crippling of rule of law and democratic institutions in IJK; and an erosion of IJKs autonomy, achieved (as required by Article 370) with the "concurrence" of IJKs governmentwhich consisted of a motley clique of New Delhi's client politicians. [26][need quotation to verify] As in past election manifestos, the Bharatiya Janata Party included the integration of Jammu and Kashmir among its campaign promises for the 2019 Indian general election. Articles 370 and 35A were strictly a temporary arrangement related to issues of governance of the former State of Jammu Kashmir that granted the state its 'Special Status'. [76], India's Foreign minister Subrahmanyam Jaishankar defended the clampdown saying that this was done to prevent an outbreak of violence and civilian casualties, citing the unrest caused after the death of militant Burhan Wani in 2016. Abrogation of Article 370: Rationale and Immediate Impact Article 370, over the decades, was diluted many times with the consent of the Kashmiris and the elected state government to facilitate integration, better administration and good governance. [139], The leaders of the Indian National Congress India's main opposition party was divided on the revocation of Article 370. Maharaja Hari Singh signed the agreement in October 1947, declaring that Jammu & Kashmir is part of India but will enjoy special privileges. [12][13], Many local political parties and groups, such as the Kashmiri Hindu organisation Panun Kashmir, Jammu and Kashmir Workers Party and IkkJutt Jammu lauded the removal of Article 370 and 35A and the integration of Jammu and Kashmir. [7], The constitutional expert Subhash C. Kashyap, according to BBC News, states that the revocation was "constitutionally sound" and that "no legal and constitutional fault can be found in it". [119] The Buddhist community in Leh and Ladakh stated they have been long ignored, the revocation and reorganisation will help them steer their own destiny. [88], On 14 January 2020, broadband Internet services were restored to select organizations/individuals in the Kashmir Valley and 2G mobile services were restored in five districts located in the Jammu region. [306] The protesters alleged that India was conspiring to change the demography of Kashmir by expelling Kashmiris from their homes and bringing in Hindu settlers from other parts of India. On. [63][64] Concrete barricades blocked roads every few hundred meters. Amjad Ayub Mirza (The writer is an author and a human rights activist from Mirpur in PoJK. It was opposed by the Indian National Congress, Jammu & Kashmir National Conference, Jammu and Kashmir Peoples Democratic Party, Communist Party of India (Marxist), Communist Party of India, Trinamool Congress and the DMK. He deemed it a "total betrayal of the trust that the people of Jammu and Kashmir had reposed in India when the state acceded to it in 1947". "[186], On 12 June 2020, a report said that Chinese think-tank has linked the tensions along the Line of Actual Control (LAC) between India and China with Article 370. They argued it needed to. The State was now to be bifurcated into two union territories under the Jammu and Kashmir . [1] [311], According to Dawn, a Pakistan-based newspaper, the Kashmir blackout has led to an "online misinformation war". [55] These actions sparked fears that India would soon be revoking Jammu and Kashmir's special status. [301] There was another demonstration on Thursday 8 August 2019 at the University of Dhaka by several Kashmiri students from different educational institutions. Here's all you need to know about Articles 35A and 370 of the Indian constitution and which parties are against their removal in Jammu and Kashmir. [161][162], Calling it a dynamic place for tourism, the MEPs who visited Kashmir also said that all protests should be against terrorism in the valley, which is mostly from people of foreign countries. The Constituent Assembly dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution. 273), Reorganisation Orders: Five orders deal with the union territory of Jammu and Kashmir and three with the union territory of Ladakh, This page was last edited on 10 May 2023, at 22:53. Article 370 - A Constitutional History of J&K:- Download PDF Here [304][305], Protests were held in Paris, France on 9 August 2019 to denounce Indian step of abrogation of autonomous status of Jammu and Kashmir. Two years after the abrogation of Article 370 and Article 35A, Kashmir is caught with economic distress and high unemployment. [143] Chief Minister of Punjab Amarinder Singh, a congress leader also termed the revocation of Article 370 as "totally unconstitutional" and said "this will set a bad precedent as it would mean that the Centre could reorganise any state in the country by simply imposing President's rule. The President issued the order with the "concurrence of the Government of State of Jammu and Kashmir". [328], As per figures collected from Kashmir tourism department, the number of footfalls by tourists counted at its highest 1.8 lakhs in the month of March 2022 (post-abrogation of article 370), which is a record in the past 10 years.[329][330]. Jammu and Kashmir Peoples Democratic Party, Constituent Assembly of Jammu and Kashmir, Instrument of Accession of Jammu and Kashmir, Prime Ministers (Dewans) of Jammu and Kashmir princely state (1947-1965), The Constitution of India (Application to Jammu and Kashmir) Second Amendment Order 1952 (C.O. It was not possible to reach Omar Abdullah, Mehbooba Mufti, Sajjad Gani Lone or send a message to them. (Express photo by Shuaib Masoodi) August 5 marked the first anniversary of the abrogation of the special status of Jammu and Kashmir and conversion of the erstwhile state into two Union Territories Jammu and Kashmir . [47], The Supreme Court heard the petitions on 30 September 2019. [4][15][16], Article 370 of the Indian constitution gave special status to Jammu and Kashmir a state in India, located in the northern part of the Indian subcontinent, and a part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan and China. Revocation of the special status of Jammu and Kashmir, Social media, activism and misinformation, 30 July 1986 Presidential order on Jammu and Kashmir used an equivalent procedure. [172][173][174] On 11 August 2019, prime minister Imran Khan compared the Indian government to "Nazis", warning that global inaction over Kashmir would be same as "appeasing Hitler". [306], Pro-India and anti-India protesters faced off each other in Melbourne, Australia. [57] The Committee to Protect Journalists (CPJ) reported that Qazi Shibli a local journalist and editor of news website The Kashmiriyat Walla, was arrested by the Jammu and Kashmir Police on 28 July 2019 on unspecified charges, but it was unclear on 5 August 2019 if he is still under arrest. [45][46] The court also issued notices to the government, seeking a reply to the petitions, whereby declining pleas by the government which argued that the notices could be cited in international forums such as the United Nations. [4], The revocation of Article 370 was passed by an overwhelming majority of support in the Indian parliament. On 6 August 2019, the Government of India revoked the special status, or autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmira region administered by India as a state which consists of the larger part of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947. Rallies and seminars were arranged to express solidarity with Kashmiris. [293], There were protest demonstrations outside the Indian consulate in Birmingham on 9 August to denounce the Indian revocation of autonomous status of Jammu and Kashmir. The rights of the Kashmiri people must be respected and UN resolutions implemented", "UK PM Johnson talks to Modi, regrets vandalism at Indian High Commission", "PM call with Prime Minister Modi: 20 August 2019", "UK Oppn leader condemns vandalism of Indian High Commission", "US says no change in its policy on occupied Kashmir", "No policy change on Kashmir, urge India-Pakistan to maintain calm: US", "Donald Trump offers to mediate Kashmir conflict", "Trump Urges Restraint by India and Pakistan in Kashmir Conflict", "The Latest: Trump speaks with leader of Pakistan", "After call with Modi, Trump dials Imran Khan, asks to 'moderate rhetoric', "Kashmir situation 'a lot to do with religion', will do my best to mediate, says Donald Trump", "Indian-Americans urge Trump to 'fully support' India on Kashmir", "Zambia becomes first African country to react on India-Pak tensions, calls Kashmir bilateral issue", "EU urges India, Pakistan to avoid tension over Kashmir", "Govt signals shift in stand, allows MEPs to visit Srinagar", "On Day 1 of Kashmir trip, EU MPs briefed by Army, mystery woman", "India revokes Kashmir's special status: All the latest updates", "UN concern over Kashmir lockdown as hundreds reported arrested", "Guterres appeals for 'maximum restraint' over Jammu and Kashmir, as tensions rise", "UN Secretary-General Antonio Guterres calls for restraint over J&K issue", "UN concerned over India's move to revoke special status of Kashmir", "Kashmir: India's 'draconian' blackout sets worrying precedent, warns UN", "India: Revoking special status of Jammu and Kashmir likely to inflame tensions", "India: Supreme Court refuses to lift restrictions on Jammu and Kashmir", "India: Basic Freedoms at Risk in Kashmir", "India: Ensure Rights Protections in Kashmir", "Indian-administered Kashmir cut off from the world", "Media pluralism collateral victim of the crisis in Indian-held Kashmir", "Pakistan Runs Out of Options as India Tightens Grip on Kashmir", "Kashmir is not Afghanistan: Taliban rebukes Pakistan, calls for peace in region", "Some signs of normality return to Kashmir, but India's clampdown still strict", "Inside Kashmir's lockdown: 'Even I will pick up a gun', "Forces did not fire, miscreants pelted stones to cause widespread unrest in Kashmir: MHA", "Kashmir: Civilians severely wounded in pellet gun attacks', "Completely fabricated, incorrect: MHA refutes Reuters report on protests in Kashmir", "Kashmir: Protests in Srinagar on Friday, MHA Claims Reports 'Fabricated', "Article 370: Gunfire at Kashmir rally India denies happened", "Kashmir Live Updates: On Eid, curfew, restrictions continue in parts of Kashmir; relaxations in Jammu", "Hundreds chant anti-India slogans in seething Kashmir on eve of Eid", "Ladakh rejoices over Union Territory status, no legislature a concern", "Protest in Kargil over govt's move to make Ladakh union territory", "Ladakh in lockdown as protests flare up against J&K bifurcation", "Hartal in Kargil Against Centre's Decision to Read Down 370, Make Ladakh a UT", "Angry Kashmir protest held outside indian embassy in London", "Kashmir rally in London as Pakistan warns against nationalism", "Big demo outside British Parliament, protests Indian brutalities in IOK", "Protesters attack Indians celebrating Independence Day in London", "Thousands protest in Britain for Kashmir outside Indian High Commission", "London: Khalistani members and pro-Modi demonstrators clash outside Indian embassy", "British PM Boris Johnson regrets violence outside Indian Embassy in London", "Kashmir protests get ugly again in London, Indian High Commission targeted", "Two arrested for violent pro-Pakistan protests outside Indian High Commission in London", "Violence against any community is deplorable: Foreign Secy condemns protests outside Indian Embassy", "Kashmir lockdown: Protest outside Indian Consulate in Birmingham", "Protesters storm Toronto's Yonge-Dundas Square in support of Kashmir", "Local Kashmir community protests India's removal of region's statehood, constitutional status", "Protesters urge US to do more on Kashmir", "Kashmiri Pandit community holds rally in US to support revocation of Article 370", "Protest in Bangladesh Over India's Kashmir Stance", "Kashmiri students at DU: Stop oppression in Kashmir", "Protest demonstration in Dhaka on Kashmir issue", "Bangladesh: March in solidarity with Kashmir", "Bahrain takes legal action against Pakistanis who held anti-India rally after Eid prayers", "Bahrain takes action against Pakistanis who held rally for Kashmir after Eid prayers", "Pakistanis, Bangladeshis face legal action for rallying against India over Kashmir issue", "Hundreds rally in Paris to denounce India's Kashmir move", "Kashmir crisis: India's latest steps expose deep fault lines in Australia's Indian and Pakistani communities", "Pak supporters confronted by Shazia Ilmi, others in Seoul for raising anti-India, anti-Modi slogans", "Fact Check: Old Video Of Dawoodi Bohra Community Procession Is Going Viral With Wrong Claim", "Fact Check: Old, unrelated images shared as 'plight' of Kashmir after Article 370 revoked", "Old video of lathi charge in Bihar shared as policemen beating up Kashmiris", "Fact Check: No, Indian Army didn't burn down houses in Kashmir", "FACT CHECK: Has government taken over mosques in Kashmir? . [50] Rajeev Dhavan opined that Art. Former Indian prime minister Manmohan Singh said that the revocation had an in-principle support from the Congress party but its execution was not appropriate. The political. [79] According to Reuters, telephone services were to be resumed in parts of Srinagar on 16 August 2019, only to face delays in implementation. [150][151] The Supreme Court rejected the "urgent hearing" request, placing the petitions to its normal proceedings.[149]. RNI (2019) Registrar of newspapers for India. [35][36] Some of these Presidential orders were issued when the state was under President's rule and had "no Kashmir government at all", states Jill Cottrell. Here are some of its important provisions it as derived from the Indian Constitution- Indian groups in Australia said that this is something India has done internally and Pakistan has no right to interfere in India's internal matters. [67] A local journalist told CPJ that "I fear that they will arrest journalists, especially those who will report what is happening". India's Abrogation of Article 370 and 35A. Human rights abuses taking place are unacceptable. [163], From 6 August onward, Pakistan responded in numerous ways. [110], Kashmiri politician Shah Faesal denounced the move, saying that "This is being seen as the biggest betrayal by the Indian state in last 70 years. [102], The most recent Chief Minister of Jammu and Kashmir, Mehbooba Mufti called it the "blackest day of Indian democracy". ", "Basic without structure? [15][16], On 28 August 2019, the Supreme Court of India agreed to hear multiple petitions challenging the abrogation of Article 370 and the subsequent bifurcation of Jammu and Kashmir into two union territories.

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