Abolishing Articles 370 And 35-A: A Road That Should Be Taken

The Pulwama attack has reinvigorated the debate for the need of an effective and strong Kashmir policy, which is essential for maintaining peace and order in the Kashmir Valley, and further for merging all the Kashmiris with the Indian nation, conclusively.

There have been innumerable attempts made by successive central governments in the past, but no policy has ever shown an efficacious result. Why? Because the central cause of the problem has never been addressed.

And the central cause indubitably is the existence of Article 370 and Article 35-A in the Constitution of India. The incumbent Modi govt. has however maintained that it wishes to repeal these articles, but has yet to clear its stand formally on Article 35-A, which is being discussed for its legality in the Supreme Court.

The Nation Is An Idea

Firstly, what is a nation? The definition of a nation is not similar to a country. A country is made of clearly defined boundaries, its citizens, and a government. But a nation is made by people who by the virtue of common values, cultures, and beliefs wish to stay together and prosper. Therefore, a nation is an idea which binds people in a single thread.

Unfortunately, in the case of Kashmir, most of the Kashmiris – precisely the people who stay in Kashmir Valley – have not been able to get connected with this notion. And that’s why they have failed in strongly resisting the influence of separatists, whose numbers have been increasing perpetually, ever since they emanated in the late 1980s.

Article 370 and Article 35a

Article 370 and 35-A that were initially introduced in order to bring the people of Jammu and Kashmir into the Indian mainstream and strengthen democracy have proven to be the biggest hurdle to their intended purpose and have subsequently contributed to the cause of separatists.

Article 370 provided the state of J&K the liberty to draft its own Constitution. It restricted the legislative powers of Parliament, by making necessary for a central law on subjects included in the Instrument of Accession and in the Union List, to take concurrence of the J&K’s LA. Interestingly, in 1963, Nehru in Lok Sabha had said that “Article 370 has eroded”, but yet it still continues to exist.

Article 35-A that appears in Appendix-I and not in the main body – lets the J&K Legislature decide who is a ‘permanent resident’ and confer on them special rights and privileges in govt. jobs, acquisition of property in states and other public aid and welfare. It’s a historically known fact that the parliamentary route for amendment in the constitution was bypassed, and through a presidential order in 1954, Article 35a was inserted. And therefore, the Supreme Court has been asked to examine the constitutionality of this Article.

J&K Has To Be Integrated

The entire discussion around merging of Kashmiris with the Indian nation is futile unless sincere attempts are made to repeal these articles. As I said, a nation is made by its people, who choose to stay together. So unless, all Kashmiris don’t get to stay along with other Indians in the Valley, the feelings of acceptance and togetherness will never arise.

The separatists have taken extreme advantage of this situation by perpetuating feelings of alienation and by promulgating militancy. And no matter how many militant organizations get banned, the insurgency will still continue, until isolation from the mainland ceases to exist.

Also, the mainstream state parties like the PDP and National Conference, don’t want J&K’s integration with India. Mehbooba Mufti had once asked the center “not to play with fire by tampering” with the Article 35A, saying if it is done “the consequences would be such that the people who bear the flag of India would perhaps not be able to do so“. It appears as if these parties are either visionless or fear losing their relevance in the state, the moment these articles get repealed.

Role Of The Non-Kashmiri Indians Towards The People Of Kashmir

After the Pulwama attacks, there were incidents, where Kashmiri students were beaten up in university campuses, across the country. NC’s Omar Abdullah had to implore to the Prime Minister to speak up on this matter and to make efforts for their protection.

This is a major concern. It’s high time, that we (non-Kashmiris) realize that not every Kashmiri is a militant. They are Indians. They are as much part of this nation as much as we are. Every single Kashmiri doesn’t deserve to be humiliated for those militant activities, which some among them allegedly commit. We have to make efforts in making those who study and work among us, feel safe and accepted. And if we don’t responsibly play our part, we also don’t deserve to be called Indians, because the Preamble of the Constitution of India categorically calls for us to promote the principle of ‘Fraternity’ i.e. to assure dignity of the individual and the unity and integrity of the Nation.

Now, the onus is on the Govt. of India, which will have to take concrete steps, to integrate the nation. India’s famous mystic and spiritual guru, Sadhguru had recently tweeted “Enough is Enough. Too much blood and resources wasted. Time to ordinance repeal of Article 370 and integrate the Nation. ITS TIME HAS COME”. 

The present government by taking a suitable legal route must make strong efforts to repeal Articles 370 and 35a, as no other policy is working or will ever work. This is the only way.