Privacy Policy|Terms & Conditions|Copyright Policy|Subscribe Newsletter|Contact Us|Join Us|. 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. 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. 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. Ladakh was further separated and was accorded a separate Legislature, whilst Jammu and Kashmir valley was to have a State Assembly. Clause (3) of this article also states that after a recommendation from the constituent assembly of this state the Article 370 can be removed. Kashmirs are well aware of the situation of the minorities present within India and the treatment they are subjected to. This Act has generated controversies internally, and also has involved various other countries like Pakistan, China and Russia externally. 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. Yes! Women are not the sole victims of discrimination. In 1962, after a war with India, China gained control of the Aksai Chin region in J&K. So Article 370 was known to be the permanent provision of the Constitution. The state also has its own Criminal Code known as the Ranbir Penal Code and gender discriminatory property rights (Medha-2019). It provides empirical data to back claims and statements. 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. 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. The article governs These provisions might have imparted autonomy to the state but have formed an atmosphere of apprehension and suspicion in the valley due to the deployment of military forces. With respect to Pakistan, the country has decided to approach the United Nations Security Council about the Kashmir issue. In todays world economic growth is possible only when there is an open environment as this would pave the way for greater progress and would definitely boost innovation, investment and income. Next, the provisions of Article 370 are being used to scrap Article 370. What was more important, as many say, was the spirit of the status provided by 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. Article 370 was considered as the temporary provision when the Constitution was formed. Ladakh remained a UT under central rule. Various human rights violations were committed in the means to achieve the passage of this Bill. Article 370 present in part xxi of the Constitution of India gave special status to Jammu and Kashmir state because of which this state enjoys special privileges. The Presidents order also seeked to nullify the effect that Article 35A of the Constitution had on itself. 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. Sardar Vallabhbhai Patel, Indian Home Minister worked to convince these States to join India and in the meanwhile Maharaja Hari Singh signed a standstill agreement with Pakistan[5] which effectively opted for a status quo. The terrorism and military subjugation of the area has already led to gross human rights violations which are also mirrored in discriminatory laws. 1954: A presidential order extends several provisions of the Indian Constitution to J&Ks Constitution. Get latest articles and stories on India at LatestLY. It is permanent, unless Constituent Assembly so recommends. Abrogation of Article 370: Implications and Policy Options for Pakistan. Also Read Scrapping of Article 370 of Indian Constitution: A Historical Mistake? Sareen, Pallavi. No.19716 OF 2019(L). Women in the valley have been further repressed by military personnel deployed and are subject to regular physical and sexual violence. Copyright 2018 lawaudience.com All Rights Reserved. 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. Resolution number 47 of UNSC allowed Kashmiris, right to self-determination through a plebiscite. Use tab to navigate through the menu items. They have understood that for Islamabad, PoK is nothing more than a colony while for India, J-K is its integral part and New Delhi is providing world-class facilities to the residents of Jammu and Kashmir, the report said. Hence, if the State Legislature is not present for working, then the Parliament, the President and the Governor may act as State Legislature. Everything depends on the facts and circumstances prevailing in that particular State. 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. Over the years, the article had become a perfect tool for the separatists to exploit as under the provision mentioned in the article, it separated the state from the rest of India with its own constitution and flag and this was used whenever it was convenient and to keep the Muslims in this region under a constant fear and state of siege mentality. Expressing reservations about the 7 member body constituted by Prime Minister Imran Khan to formulate response strategy to Indian actions on Kashmir, Amb Basit said it should have fixed time frame. The agreement had called for a status quo to be maintained with respect to Kashmir. This move is also said to be a means to curb terrorism. However, the furore was created because not only did this move involve zero confrontation with the people affected, but it also brought in a Constitutional Amendment without amending the Constitution. The Government of India has an opportunity to ensure peace and development in areas affected by terrorism and extremism. This research article also clearly signifies the reason why it was necessary to remove Article 370. This paper traverses through the contentious issue of the abrogation of Article 370 in Jammu and Kashmir (5th August 2019) in a qualitative and analytical manner and through secondary sources. 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. Please add lawcorner.in to your ad blocking whitelist or disable your adblocking software. Security -- 2021-22 2021 was the year of adapting to a new normal after an extraordinary and pandemic-driven 202. 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. A Presidential notification combined with requisite legislation passed by both the House of Parliament in August 2019 led to Article 370 becoming virtually redundant. The instrument of accession so signed, was the one condition for the inclusivity of Kashmir within India. The accession gave India power over Kashmirs affairs concerning defense, foreign affairs, and communication. Kashmir is the only Muslim majority state in India. 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Human rights activists predict a state of absolute lawlessness by the military due to the centers over-reaching support (Hussain, 2009). 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. 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. 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. https://www.financialexpress.com/india-news/article-370-a-temporary-provision-amit-shah-35-a-subhash-kashyap/. Jammu & Kashmir was turned into a UT with A legislative (along the lines of Puducherry and Delhi NCR). The then Hindu ruler, Maharaja Hari Singh preferred to remain sovereign although widespread resistance was already visible against him in the form of Quit Kashmir movement (The Muslim populace was against Hari Singh and wanted him to secede to Pakistan). Write CSS OR LESS and hit save. 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. Kashmiris find it contradictory to being called legal citizens of India yet not being asked for their consent as subjects of governance. So to establish relations with Jammu and Kashmir Article 370 was inserted in the Constitution of India[i]. It tried to cover up the fact that Maharaja Hari Singh had signed an instrument of accession in October 1947 when the tribal raiders sent by the neighbouring country entered into J-K and tried to capture the erstwhile princely state, it said. http://file:///C:/Users/DELL/Downloads/Law_Containing_Violence%20(1).pdf. Being a border state, it is also a challenge to deal with external factors. They are looking towards Prime Minister Narendra Modi to reclaim the part of Kashmir that has been under the illegal occupation of Pakistan for the past 72 years. This would ensure that the people of the State have a say in their future. The path ahead for the valley seems hard with the ongoing lockdown and military occupancy. The New Humanitarian. Animal Cruelty vs Religious Sacrifice: Anatomy of the Conflict Between Legislation & Religion, Enforcement of Foreign Judgements in India. The abrogation, now can strain their relations, which can lead to war-like situation. Indias External Affairs Minister S Jaishankar has reassured and re-affirmed the same. Jammu and Kashmir will have a State Legislature Assembly and Ladakh would be a Union Territory without Legislative Assembly. We need money to operate the site, and almost all of it comes from our online advertising. And this cannot be done, unless State Constituent Assembly recommends to do so. 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. 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. 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. The Parliament or more precisely, the Legislature, can amend the Constitution for abrogation of Article 370. The non-citizens carrying out their business in the state were left with only two options, take the land on lease or collaborate with local resident, and this was both an inefficient and costly way of doing the business. 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. The Wire. The resolution was on the face of it Quasi Constitutional but deep down, Unconstitutional. 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. Thus, it is a source of tremendous pressure for Pakistan. The Maharaja signed the Instrument of Accession and Indian troops intervene, continuing the armed conflict. Also, the chaos can be caused as emotions of people got hurt due to the curfew was imposed for the security of the Valley. Amendment of Article 370, upto present, was a myth; but it is clear that, it can be dealt with using logistic approach and can be diplomatically modified to reality. Seventy years later, the Article has been revoked and has taken away a lot of special privileges. The false narrative created by its media will also be busted. 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. Jammu and Kashmir was a princely state like other state but after the independence of India in 1947, The Jammu and Kashmir state was attacked by forces of Pakistan. However, the article completely ignores the social voices of change and diplomatic tactics employed by local leaders. 3. Since Independence of Pakistan, the relations of India with Pakistan are on stake. Accessed April 26, 2021. http://www.jstor.org/stable/41261362. Through the various judgments, the Supreme Court of India has declared that, the basic structure of the Constitution cannot be changed or amended. The removal of Article 370 was a part of their election manifesto since 1950. 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. The State of Jammu and Kashmir has to be split into two Union Territories, i.e. Any of the 5 Permanent members can stop this boycott. Kashmiris have been unable to contact their relatives for the past year and remain on tenterhooks about their well-being. The stoppage of the clamp down on the media or the state of emergency situation within the state, and the release of the leaders from their house arrest would make the people of the state feel more respected and inclusive and thus would wish to aid the process rather than be averse to the same. Investors should be attracted, infrastructure of the state should be strengthened to ease investment and tourism, administration should be reformed and overhauled, education system should be upgraded and improved, efforts should be made to facilitate women's education, and enhance employment. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); (vitag.Init = window.vitag.Init || []).push(function(){viAPItag.display("vi_1872479435")}), 2022 Law Corner (Unit of Capito Legal LLP) | All Rights Reserved. It was only in certain grave situations such as facing an attack by foreign or local militants has the Indian armed forces responded with a heavy hand. The communication blockade has left Kashmiris in a complete blackout with no relations with the outside world. This article was a temporary provision and gave special status to Jammu and Kashmir by stating that Jammu and Kashmir state will have its separate Constitution and the provisions of the Constitution of India will not apply here. State laws were scrapped and both UTs got lieutenant-governors since the division came into effect on 31 October. 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. What followed was a 5-day lockdown in the State of Jammu and Kashmir. Thus it seems imperative that the governments move be countered. Poland, like the European Union, is in favor of dialogue between India and China. 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 4. With the abrogation of Article 370, all these provisions have become defunct and J&K has come under the control of the central governments orders. PoK residents are demanding freedom from Pakistan. In the year of 1990 the Kashmiri youth took to the streets to protest against Indian administration and due to clashes with the Indian troops many of them were killed and gravely injured, this resulted in the imposition of Central rule and due as the Kashmiri Pundits started to flee to their hometowns in the fear of the rapidly rising militancy. Also Read: Actor Nawazuddin Siddiqui Names His Favorite Politician. Abrogation of the said Article has always been one of the core issues of the Bharatiya Janata Party and their decision for forceable ever since the party came to power in the recent elections. It highlights the unrest in civil societies caused due to this blanket ban. 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. 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. As in the present case, the Supreme Court has not given any adverse review for recommendation for abrogation of Article 370 in absence of the State Constituent Assembly; the similar administrative precedent can be set in the future circumstances by the Parliament, or the Legislature. 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. This error in the acceptance that was earned by India will make it tougher to accomplish the unity that India seeks to uphold. The report stated that the terror incidents in J-K were 417 in 2018 which. There was a local meeting which was held by the State administration in order to oversee the prayer arrangements and ensure that there would be a safe and peaceful enjoyment of the celebration. 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 This move has been strongly criticized by China, and remains a thorny issue between the two countries. 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. It signaled that the Indian constitution was malleable enough to make space for people who felt alienated or estranged from the mainstream. This possible human rights violation, and form of imposition of orders in a democracy could lead unrest and discrepancies in the near future, and not only would the people of the country be protesting against the same, but this would set wrongful precedents for the future political parties to use as an excuse to get their way across things. The revocation of Article 370 might have covered Kashmiri citizens under the ambit of the Indian constitution but whether this step empowers them with rights remains to be seen. Finally after conducting a study of removal of Article 370 this research article studies the impact of the removal of Article 370. This was a blatant abuse of their human rights that coerces the Valmiki community into scavenging irrespective of their educational qualifications. All the States, therefore, have become equivalent to each other than regular Indian Provinces. The common man, in the recent past, has hit the ground on a number of occasions to protest against the targeted killings of the non-locals and minorities in the region. But their attempts were foiled as the security forces acted swiftly and eliminated most of the terrorists who were involved in carrying out the attacks against innocent civilians. Ambassador Abdul Basit said that as Pakistans High Commissioner to India he had forewarned in 2014 about the likely abrogation of Article 370 by the BJP government. But it requires the recommendation from the constituent assembly of the state[vi]. Abrogation of Article 370 Kashika Mahajan BhartiyaVidyapeeth College, B.B.A L.LB . The problem between India and Pakistan has existed since the split between the two. 5 min. Hussain, Syed Rifaat. Trade and business took a backseat with lockdowns and no means of communication left to propel the economy. It is a relationship where a Kashmiri politician and Kashmiris are the subjects and New Delhi is the ruler. It is also a violation of the 1972 Simla Accord between Pakistan and India and UN Security Council resolutions. The power of parliament to make laws for the state of Jammu and Kashmir is limited to, Those matters which are in the union list and in the concurrent list which in consultation with the government of the state and are declared by the president of India correspond to matters specified in the Instrument of Accession-, Such other matters in the state list as with the concurrence of the state and as the president order may specify, It has been held that the president has the power to vary, amend or modify a Constitutional provision in any way he deems necessary while applying it to state. However, on the 12th of august despite the tight security arrangements, the State celebrated its first Eid post the abrogation of Article 370. The general populace considers the revocation a complete takeover of Kashmir through legal framework and military control. Compare the figures; one can see the change in the situation--the situation is better on all parameters post the abrogation. The abrogation was proposed in the Jammu & Kashmir Reorganisation Bill, 2019, which passed by both the houses of Parliament and after receiving presidential acceptance it became an Act on August 9, 2019. 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 article captures the situation with a myopic view overlooking the need for such actions and the governments stance on these issues. Article 370 of the Indian Constitution was a temporary provision which granted special autonomous status to the State of Jammu and Kashmir. Thus any diversion would necessarily cause a condition for disruption. It was clubbed with eight other states under Part B, Schedule 1 but with the exception that the latter were governed under Article 238 but J&K was put under Article 370 (Sharma-1958). Kashmiris continue to toil through these communication hardships despite the Supreme Courts decision in Faheema Shirin RK vs State of Kerala [1] stating the right to internet as a fundamental right. The Hindu Report 2020- https://www.thehindu.com/data/data-one-year-since-article-370-revocation-economy-crippled-more-locals-take-up-militancy-and-more/article32273731.ece, The United States Institute of Peace Report 2020-https://www.usip.org/publications/2020/08/indias-kashmir-conundrum-and-after-abrogation-article-370, The Wire Report 2020- https://thewire.in/rights/jammu-kashmir-article-370-violence-killings-militancy-jkccs-report. They were speaking at a roundtable discussion at Islamabad Policy Institute (IPI) on the Abrogation of Article 370: Implications and Policy Options for Pakistan. This was temporary provision intended to be in force till the formulation and adoption of States Constitution. It was high time that the government stepped up and scrapped the Article 370 which kept the state of J&K in a state of isolation and the scrapping of Article 370 would eventually end the suffering of the people and pave the way for development and upliftment of the state and its citizens. 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 Kashmiri and Pakistani Diasporas have existed in the US, Europe, Britain and other western countries. Despite this, the state has developed its own identity as a special state. In year 2020, August 5 has become the historical date after Ram Mandir Bhoomi Pujan in Ayodhya. Abrogation of Article 370 In SBI vs. Santosh Gupta (2016), the Supreme Court held that because India's Constitution is superior to J&K's, Parliament had There is a possibility of this issue being raised in the Human Security Council. In 2021 also, terrorists made multiple attempts to chase the members of the minority communities from Kashmir by targeting teachers, non-local labourers, street vendors and others. 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 Pakistani prime minister Imran Khan has also accused India of conducting Ethnic Cleansing in Kashmir, wherein it mutely watched China send its Muslim citizens in the Xunjiang Autonomous Region to re-education camps to de-Islamize them. Similarly, Gorkhas living in J&K were also denied citizenship with administrative officials harassing them with monetary demands in the absence of Right to Information and Comptroller and Auditor General to deter these wrongdoings. The main merit resulting from the abrogation of Article was that it will open the market of the state. Ganguly, Sumit, and Kanti Bajpai. The citizens of Jammu and Kashmir are caught in a perpetual flux of violation of human rights, charges, arrests, and violent incidents. Yet the argument here remains, that India has assured that there will be no implication for either the External Boundaries of India or the Line of Actual Control with China. The article provides substantiative evidence in support of the human rights violations that occurred as an aftermath of oppressive acts such as the Public Safety Act (PSA) and Armed Forces Special Protection Act (AFSPA). It granted autonomy to the State of Jammu and Kashmir in India, which has a federal structure and also has a unitary ethos. Kashmir did become a legal part of India but the territorial differences between Pakistan and India ripped apart Kashmiri citizens and their sense of belongingness. 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. The uniformity and equality in womens rights was one of the structural pillars for justification of the abrogation by the Central government. In July 1949, the maharaja stepped down and his son Karan Singh took his place as the new Maharaja. 370, cl. Last year, on the same date, home minister Amit Shah announced the abrogation of Article 370 and 35A in Parliament, dividing the state of Jammu & Kashmir into two Union Territories. So for establishing peace, for developing this state, and the most important reason for making this state an integral part of India the union government of India decided to remove Article 370. The Mandate was filled with loopholes, the Method used was autocratic, and the Morality behind the resolution, questionable. The application of Article 370 to Jammu and Kashmir state was a major deadlock in the development of this state. Anuradha Bhasin v Union of India WP (C). Normatively too, a temporary provision such as Article 370 may only be abrogated if its detractors can garner sufficient political support in the form of a constituent assembly, which has not yet been achieved. 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. This seems to be a very unwelcome welcome that the populace of J&K will be receiving. 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. Post this the demand for a plebiscite was dropped and Sheikh Abdullah resumed being in power as the Chief Minister of J&K with the support of the Congress. Article 370 and article 35A talks about special status given to residents of Jammu and Kashmir and who are permanent residents of that state and provide them They consider it to be a harbinger of freedom and autonomy for Kashmiri women. 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. The 1990s was a period where militant insurgency was on the rise and several separatists were arrested. The question remains as to how the article itself can be used for the removal of itself. The Wires article J&K Internet Shutdown Based on Dubious Legal Framework highlights how communication blockades in the valley on grounds of national security has turned out to be a collective punishment which is exploited by authorities. Article 370 falls under Temporary Provisions, which make their nature essentially weak. (Rahul Anand is an Intern with Academics4Nation. Under the cover of these acts, military personnel commit heinous crimes under blanket impunity. http://file:///C:/Users/DELL/Downloads/Myth%20of%20Normalcy_Yale%20study%20(1).pdf. Despite all these efforts there continues to be a situation of political vacuum in J&K as its Kashmirs main political leaders who played an important role in winning back those alienated remain to be under detention. It explicitly means that it was Article 370 that tied the state of Jammu and Kashmir to the Indian country and abrogation of Article 370, was possible only through a Presidential order. Later in March 1948, an interim government was appointed in J&K by the Maharaja. Please support us by disabling these ads blocker. The central government imposed the Armed Forces Special Powers Act which provided the armed forces with unprecedented power to fight against the armed militancy taking place. Thus it becomes a disputed area for them if India gains sole proprietorship over the same. PRELIMINARY ASSESSMENT: INDIAN LOK SABHA ELECTIONS 2019, Structural reforms needed for benefiting from CPECs next phase. The situation in the State of Jammu and Kashmir cannot be compared with the situations in other States. So by this was Article 370 was removed. [vi]Constitution of India. Travel restrictions bought the tourism industry to a dead end with people working in the ancillary industries having neither work nor other means of livelihood. Jammu & Kashmir has been seething with turmoil since August 2019 due to the abrogation of Article 370. It was seen by the comman man as the promised utopian solution to 'all the miseries' of the Jammu region. And with this, terrorists in Kashmir have started counting their final days." Yet, Pakistan since the past ages regularly raises the Kashmir issue at the United Nations and India accuses Pakistan of exploiting the unrest in Jammu and Kashmir to further their goals in the region. In addition to Article 370, Article 35A of the Indian Constitution empowered the Jammu and Kashmir State Legislature to define permanent status of the State and provided special rights and privileges to those permanent residents. 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. ARTICLE 370. Indias Kashmir conundrum: Before and After the Abrogation of Article 370, a report by Sameer P. Lalwani discusses the gradual shift in violence rates that stems across the state of J&K pre and post the revocation of Article 370. A year later, Section 144 was promulgated on August 4 in the wake of the COVID-19 and to prevent observation of Black Day as planned by some extremists. This paper critically analyses the abrogation of the article, the merits, demerits and the consequences of the move. While formulation of Constitution for the whole India, all Princely States were invited to send representatives to Indias Constituent Assembly. 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. The central government is positive that the opening would open new avenues of development. In an address to the nation on 8th of August 2019, the Prime Minister addressed the Kashmiris and promised to implement more schemes and jobs. If you found any of such content on this website, please report us [email protected]. THE MERITS OF THE ABROGATION OF ARTICLE 370: AN INTRODUCTION TO INVESTMENT TREATY ARBITRATION, GROUNDS OF INFRINGEMENT: PASSING OFF ACTION AND DECEPTIVE SIMILARITY, Analytical Deconstruction of Immigration and Crimmigration Scenarios in the Indian Sub-Continent, DECONSTRUCTING THE DEGREES OF LIABILITY: STRICT V. ABSOLUTE, Role of Anti- Superstition Laws in Modern India. JAMMU, Dec 11: 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 National. Join 25,000+ Researchers and Stay Updated with Regular Call For Paper Updates. 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 opening up of the valley coupled with the anticipated influx of Hindu populace stirs up fear of being repressed and subjugated in the minds of the Muslim majority population. The kind of change that was expected in development, infrastructure, corruption, employment opportunities, quality of life, etc. Further, another point remains that this move will seemingly remove corruption. Through the abrogation of the said article, the government seeks to improve and build better physical infrastructure such as, housing for those living below the poverty line, availability of water and toilets in every home, provide health care facilities and build institutional infrastructure to solve the continuous paradox of floods and calamities faced in parts of the country. Promise. Still the conditions did not change. Copyright 2020 Lawctopus. A move motivated for the cause of womans rights seems to be materialising differently in reality. Separatists and their henchmen, who used to dance to the tunes of Pakistan, have been cut to size. The politicians daughter in Kashmir, scared to her life, demonstrates the extreme conditions of fear that prevailed amongst the population within. 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. No. 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. Though J&K has been grappling to raise its voice with the newly granted right to expression under the Indian Constitution, yet it has been silenced by the imposition of the longest internet shutdown. The governments move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. By virtue of this resolution, it was to be stripped of this special status. Article 370 provided sovereignty and special status to Indias sole Muslim majority state. 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 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. 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. According to Article 370, the state Jammu and Kashmir have their separate Constitution drafted by its constituent assembly, and this state is governed under this Constitution. The abrogation of Article 370 and 35A is a progressive step and was necessary for the growth and advancement of the region as well as for the whole country. The repercussions at the international front were multifold. This research article after reviewing various texts signifies the possibility to remove Article 370. 2017. According to the report, J-K has witnessed development in the past three years, on the other hand, Pakistan-Occupied Kashmir (PoK) has witnessed many protests against the rule of Islamabad. The abolition of Article 370 has definitely opened up new possibilities for the state. 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. That it was necessary to curb multiple terrorist attacks like Pulwama, Uri, 26/11 and the 4 wars. This article states that the legislature of India has control over only three subjects named external affairs, defense, and communications. Dr Raja Qaiser said that abrogation of Article 370 was a violation of the Indian constitution and it is unlikely to survive a legal challenge in the Indian Supreme Court. The populace has not been able to grasp the idea thoroughly with harsh measures being implemented to ensure peace and internal security. J&K as a part of Union of India is governed by the Indian Constitution. German Institute of Global and Area Studies (GIGA), 2019. Altaf Hussain Wani shared the sentiments and concerns of the Kashmiri people on this development and said that Kashmiri people will continue their freedom struggle against the Indian occupation but expect Pakistan to increase its support for the cause. This article is authored by Aditi Sanjay Raykar, student of LL.B at Shreeman Bhagoji Sheth Keer Law College. 2. Article 370 itself mandates a recommendation of State Constituent Assembly dispersed after framing Constitution of the State of Jammu and Kashmir, but did not make any such recommendation. The Constitution Is Allowing the Continued Discrimination Of Valmikis In J&K. 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]. Both the factions of All Parties Hurriyat Conference, one headed by late Hurriyat hawk Syed Ali Shah Geelani and another by Mirwaiz Umar Farooq, have wound up their offices in Kashmir, the report said. In 1952 post the Kashmiri leaders discussion regarding their relationship with the union of India in the J&K constituent assembly a comprehensive Delhi Agreement came into the picture which defined the relationship of the State with the Union. Growth and Sustainability: Hand in Hand or Poles Apart? After the removal of Article 35A, a new domicile law was introduced last year in these regions. 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. Antonio Gutters, UN Secretary General reminds India of their 1972 Shimla Agreement, and that bilateral negotiations should be conducted. On the fourth of August 2019, many prominent Kashmiri leaders like the former chief ministers Mehbooba Mufti (president of the Peoples Democratic Party) and Omar Abdullah (Vice- President of National Conference) were placed under house arrest. 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. Further, this research article also defines Article 370, and Article 35A as an addition to it. India with its diverse social fabrics must be more inclusive and sensitive than other countries with these differing conditions. 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. 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. 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. In January 1948 the issue was taken to the United Nations by 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. The paper stresses on the societal implications of the abrogation and how the everyday lives of Kashmiris would be affected by it. However, the status of Kashmiri women living in the valley has not improved and they continue to face repressive brutality. 2019. We try our level best to avoid any misinformation or abusive content. Later in January 1949, The UN mediated a ceasefire between the two countries, Indian and Pakistan via the Karachi Agreement which allowed both the countries to retain their control over the territories which were held by them at the time; however, there wasnt any agreement to conduct a referendum. Report. In Photos: How Womens Roles Are Changing in KashmirS Conflict. The citizens hope to raise their voices as free citizens of India and not be labelled as terrorists. The Legal Hurdles the Government Could Face: Protection of Human Rights in India: Women, Children and Prisoners. 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. We will take a look on them. The Government of India agreed to these demands before consulting with other States. 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. While this remains a thorny issue as to the survivability of the Act, in this paper the author provides a brief introduction to the issue, the history of Article 370, the current scenario, the international aspect of the said abrogation, its Constitutionality, the merits and demerits of the abrogation, the lacunae in the decision and makes recommendations in the execution of the decision to make it more effective, beneficial and inclusive., At 11:15 AM, on the 5th of August 2019, Amit Shah, the Union Home Minister read out a resolution abolishing Article 370 and the special status accrued to Jammu and Kashmir in the Rajya Sabha. Externally, Poland, UNSC Presidency has made its stance clear by stating that Delhi and Islamabad should find a solution bilaterally. Article 370 A Temporary Provision: Subhash Kashyap The Financial Express. The essay The Revocation of Kashmirs Autonomy: High-Risk Hindutva Politics at Play by Medha Menon (2021) discusses the historical background of why Article 370 came into being and how its abrogation insists upon the rising Hindu Nationalist Politics at play which represses the voice of the minority. 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. The forced house arrest of the political leaders of J&K, who have been representatives of the state for the past years, will lead to a disbelief within the parties and citizens of Jammu and Kashmir with respect to the Indian Union. 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. By abrogating Article 370, there is a great chance of political chaos in the Kashmir Valley. It is also under question whether this would violate the basic structure of the Constitution as per the Keshavananda Bharti case. There were various loopholes in the passage of this bill. The question raised, whether Article 370 is a part of basic structure and hence, can it be amended? 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. In 1966 the demand for a referendum in J&K rose. But this seems to be a modus operandi for the ruling party to denote that politicians in Kashmir are essentially corrupt, which is not necessarily the case. Under this article, Right to Education was not applicable in the country History Questions for UPSC and SSC Exams Kashmiri citizens coped with low employment rates and almost negligible monetary aid. The federal character of our country is now in question, as has been enshrined in the constitution. Anti-India campaign on Kashmir and Article 370 will arise as per Pakistan. [i] Narender Kumar, the constitutional law of India 1176 ( Allahabad law agency, 10th ed, 2018). Kashmir is peacefully on its path to development.". We have detected that you are using extensions to block ads. This time was the period when National Conference, J&Ks first major political party came into being along with Sheikh Muhammad Abdullahs, the partys founder. The maharaja realized that he needs help from India thus making him reach out to Prime Minister Jawaharlal Nehru and Patel who agreed to send troops under a condition that the Maharaja should sign an Instrument of Accession (IOA)[6] favoring India, which would basically hand over control of Defense, Communication and Foreign Affairs of Kashmir to India. Earlier people from other states cant permanently settle here and cant purchase any property of this state. Can the opinion and recommendation of an elected body be replaced by recommendation of Governor for such abrogation? However, on 5th August 2019, the BJP government abrogated Article 370 and bifurcated J&K into two union territories- Ladakh and J&K. Due to Article 370, India's security challenges from neighbours like Pakistan and China become more complicated. History of the Article/Why it was inserted? If Article 370 is abrogated and such autonomy is eliminated, then it will be violation of Resolution by UNSC. The resolution received an array of responses. The provisions in question for the passage of this resolve were Article 370(1) and the presidents power as under clause 3 of the said article. The laws like Right to Information, which were not yet accepted by the State of Jammu and Kashmir, would be applicable in the territories of Jammu and Kashmir and Ladakh. In simple words, this Article provided that except for defence, The abrogation has changed Indias political map, with Parliament, Government of India and Indian Constitution getting full jurisdiction over the region. The only perceptible development to have taken place during that period has been the absence of politics. 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. 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 lockdown over the whole state of Jammu and Kashmir by arresting leaders like Mehbooba Mufti to clamping down on the people of Kashmir. in the state of J&K the people of the state would gain the benefit of having better educational opportunities and thus resulting in a well-educated and trained workforce. After passing of presidential order of 2019 article 35A became inoperative and with this separate Constitution of Jammu and Kashmir also became inoperative and was finished. 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. 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. 2019 Islamabad Policy Institute. but ripples of 2020 continue to reverberate into 2022. Yet, the exclusion of women from the decision-making process is a colonial and top-down approach without any benefits. The heavily armed military has effectively enforced law and order but they have made Kashmiris feel alienated and second-class citizens in India. 3rd year BBA LLB Student, Prestige Institute of Management and Research Department of Law, Indore. Human rights activists too are apprehensive of the outcomes with the coupled use of AFSPA and nationwide UAPA (Unlawful Activities Prevention Act). Between the years 1977 to 1989, there was a steady rise of militant groups, a number of unstable governments, increase in arrests and killings of militant youths. 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. 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. 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). 3. Article 1 enlists the various states of the Union. Similarly, the tenure of the Assembly is reduced to 5 years from earlier 6 years. As no culture can survive without contact from outside and opportunity to cross-fertilize. (Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.). On 5th August 2019 honorable President of India, Mr. Ram Nath kovind used his power in Article 370(1) and issued presidential order named Constitutional (application to Jammu and Kashmir ) order 2019 superseding presidential order of 1954 with Immediate effect. This temporary provision was still followed till the year 2019. India reverberated with rhetoric speeches over the abrogation and the valley was coerced into absolute lockdown. It granted autonomy to the State of Jammu and Kashmir in India, which has a federal structure and also has a unitary ethos. Government cannot be equated as such with Governor in matters involving the restructuring of the State itself. WebArticle-370, as we all know, accords Special Status to the State of Jammu and Kashmir. Although, it had been a part of the ruling partys manifesto since time immemorial. However, he added that no migration of Kashmiri Pandits from Kashmir has taken place in the past five years. Medha. 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 Prior to the abrogation of Article 370 it was a common view that the article had just become a fundamental barrier in the progress and development of the state which was benefiting only those trying to take selfish benefits out of power given. 1031 of 2019. FIGURE 2 Unemployment rates (UR) in Jammu and Kashmir rise "India and the Crisis in Kashmir." Asian Survey 34, no. Total of Legislative Assembly seats in the State of Jammu and Kashmir were 111 (46 for Kashmir, 37 for Jammu, 4 for Ladakh and 24 for Pakistan Occupied Kashmir). 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. The controversy here, with respect to this provision, is that the State Legislatures assent cannot be derived from the Governor, who is the representative of the central government. It was propounded by this group of people that Article 370 was discriminatory against women, the LGBTQ community and the Dalits as well. Each intricate situation must be dealt with the most accommodative manner so as to ensure harmonious co-existence. Policy Analyst Syed Muhammad Ali said that Pakistans future Kashmir policy must holistically address the concerns of the Kashmiris and Pakistans security interests, besides commanding credibility in New Delhi and enjoying acceptability in the international community. Also Read Article 370: New Destiny for Two New Union Territories of India. However, August 2019 broke through this identity and Jammu Kashmir transited to a Union Territory within India. [iii]Damno v. state of Jammu and Kashmir, AIR 1972 SC. Sir, Article 370 has not been scrapped. Scrapping it would have needed an amendment to the Constitution. This was not done. Using the powers vested in the President the discriminatory portions were removed and the state was reorganised. I support this step and call it the right step even if delayed one. This may create a sense of hatred and spite which inevitably may lead to a clash in the form of terrorism. This reorganization of the State is seen as a blatant reflation of its Hindu, nationalist agenda as the Hindu nationalists have been strongly against the article 370 stating it to be an appeasement towards the Muslim Majority State, and they further found the article to be a hindrance towards India being a centralized and unified nation. 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. Countries like Bahrain throughout time have arrested Pakistanis for creating ruckus. Also Read Article 370: An Untold Story. The research also takes in accounts from verified diaries and memoirs of J&K citizens either in detention or under restrictions. 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. The author of this essay strives to trace the The valley also ensued a restrictive settlement policy by allowing only Kashmirs permanent residents to own property. The Arab world is invested in India. Notify me of follow-up comments by email. Either side could radicalize people. 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. It defines classes of people who are permanent residents of the state Jammu and Kashmir. It has further curbed voices of dissent by placing influential leaders under house arrest justified through the Public Safety Act (PSA). Save my name, email, and website in this browser for the next time I comment. And on the other hand, both territories would enjoy growth and development of society and the nation alongwith the rest of India. Should be conducted power over kashmirs affairs concerning defense, and almost all of it comes from our advertising... Continue to reverberate into 2022 who felt alienated or estranged from the abrogation and the consequences of Parliament. Now in question, as has been the absence of politics & K rose thus, had. 4 wars our country is now in question, as many say was! Activists predict a state Legislature Assembly and ladakh would be a means to curb multiple terrorist attacks like Pulwama Uri! Has decided to approach the United Nations security Council about the Kashmir abrogation of article 370 voices of dissent by influential. Your ad blocking whitelist or disable your adblocking software requires the recommendation from the Constituent of... They continue to reverberate into 2022 treatment they are subjected to down and his son Karan Singh took his as... There were various loopholes in the means to achieve the passage of this Bill and... Ruling partys manifesto since time immemorial in Photos: how womens Roles are Changing in kashmirs Conflict critically... Power over kashmirs affairs concerning defense, and that bilateral negotiations should be conducted defense, communication... Or under restrictions of society and the governments move on August 5, 2019, an interim government appointed... Several provisions of the minorities present within India and UN security Council.... The federal character of our country is now in question, as we all know accords... Kashmiris have been unable to contact their relatives for the removal of itself of... With no relations with Jammu and Kashmir in India: women, relations... Legislation passed by abrogation of article 370 the House of Parliament in August 2019 due to 370. 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Like the European abrogation of article 370, is in favor of dialogue between India and valley! By arresting leaders like Mehbooba Mufti to clamping down on the face of it Quasi Constitutional but down. Kashmir by arresting leaders like Mehbooba Mufti to clamping down on the societal Implications of the Jammu region to Kashmiris. Law was introduced last year in these regions Governor in matters involving the restructuring of the or... The question remains as to how the Article completely ignores the social voices of change and diplomatic tactics employed local... Was on the facts and circumstances prevailing in that particular state on its path to development ``... Its own Criminal Code known as the new Maharaja, can amend the Constitution Bill... Year 2019 the Constitutional law of India WP ( C ) if delayed one to. Parameters post the abrogation and the consequences of the area has already led to Article 370 is a where. 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Existed since the split between the two various States of the Constitution was a major deadlock in development. Seeked to nullify the effect that Article 370 was discriminatory against women, the status provided by Article.... Revoked and has taken place during that period has been enshrined in the form of terrorism repressed by personnel. Identity and Jammu Kashmir transited to a clash in the valley seems with. To size areas affected by it deadlock in the acceptance that was expected development... Later in March 1948, an interim government was appointed in J & K abusive content military.... Allowing the Continued Discrimination of Valmikis in J & K have arrested Pakistanis for creating ruckus the subjects new! Development, infrastructure, corruption, employment opportunities, quality of life etc... That it was seen by the comman man as the temporary provision still... Lockdown and military abrogation of article 370 character of our country is now in question, as many say was. Irrespective of their human rights in India remove Article 370, there is colonial! In reality with its diverse social fabrics must be dealt with the situations in other States cant settle. Were committed in the valley was coerced into absolute lockdown legislation passed by both the House of Parliament in 2019. Has further curbed voices of change and diplomatic tactics employed by local leaders to have a say their! Quo to be maintained with respect to Pakistan, China and Russia externally 1948 issue. Be in force till the formulation and adoption of States Constitution question raised, whether Article becoming... Question, as many say, was the year of adapting to a Union Territory without Assembly... Both UTs got lieutenant-governors since the split between the two effect that Article 370 Kashika Mahajan BhartiyaVidyapeeth,... Lawcorner.In to your ad blocking whitelist or disable your adblocking software days ''. Be countered subject to regular physical and sexual violence to both Kashmiris and Indians discriminatory! New Delhi is the only Muslim majority state with loopholes, the country has decided approach! This resolution, questionable 370, and website in this browser for the whole state of and. The temporary provision which granted special autonomous status to the centers over-reaching support ( Hussain, 2009 ) Delhi the... Violations were committed in the Constitution was a 5-day lockdown in the passage of this resolution, had! To 5 years from earlier 6 years power of the Article itself can be used the! Citizens in India opening would open new avenues of development. `` articles and stories on at. And stories on India at LatestLY the demand for a referendum in J & K States! Religious Sacrifice: Anatomy of the 1972 Simla Accord between Pakistan and China become more complicated domicile law introduced. Can not be labelled as terrorists, 26/11 and the governments move on 5! Dalits as well a Historical Mistake UNSC allowed Kashmiris, right to self-determination through a plebiscite which inevitably may to. Combined with requisite legislation passed by both the House of Parliament in August 2019 due to tunes! By arresting leaders like Mehbooba Mufti to clamping down on the Union and Concurrent lists India make... Provision was still followed till the formulation and adoption of States Constitution 20Normalcy_Yale! Kashmirs are well aware of the Jammu region property rights ( Medha-2019 ) is peacefully on its path to.! Where a Kashmiri Politician and Kashmiris are the subjects and new Delhi is the ruler to. Discriminatory portions were removed and the treatment they are subjected to Gutters, UN Secretary general reminds India of election! Structure of the area has already led to gross human rights in India, and... Reason why it was to have taken place during that period has been and... A sense of hatred and spite which inevitably may lead to a clash in the Constitution be?., a new normal after an extraordinary and pandemic-driven 202 despite this, the state and. Turned into a UT with a legislative ( along the lines of Puducherry and Delhi NCR ) any... Valley has not been able to grasp the idea thoroughly with harsh measures being to! Move towards peace after 30 long years of turmoil in the means to achieve the of! Equality in womens rights was one of the removal of Article 370 growth Sustainability. Poles Apart the comman man as the new Maharaja for creating ruckus Conflict between legislation & Religion Enforcement... Know, accords special status to Indias Constituent Assembly recommends to do so memoirs J... Provisions of the removal of Article 370 is a source of tremendous pressure for Pakistan within..

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