ABDULLAH MUSTAFVI
Arrival of Modi led BJP in power corridors of Dehli rang many bells in Srinagar obviously due to the well known anti muslim ideology of the extremist cult which loudly made controversial election promises to change the Quasi-Autonomous status of Kashmir in Indian constitution . It was predictable that Article 370 along with all other relevant portions of Indian constitution, guarantying any autonomy to Kashmir, are in the cross hairs of Dehli . Before analyzing the impact of a two year old PIL( Public interest litigation ) by RSS to abrogate the article 35A , a need arises to crystallize the historical context mostly unknown to many of our readers. Dehli’s strong desire to dominate Kashmir is neither new nor exclusive to extremist cults like BJP or RSS . Controversial annexation of State of Kashmir at the time of partition through fraudulent means and documentary forgery is now a dark chapter of region’s tragic history . It is no more an undiscovered fact! Congress , in the factual historical context , has always been in a lead role to conquer the Kashmir through all unfair means . Interestingly , Kashmiri populace and most of its leadership , despite political differences , always stood united to protect the autonomous status of Kashmir. This status was significantly maintained and acknowledged by the British government prior to the partition . Article 370 of Indian constitution clearly spells out a special status for state of Kashmir in Indian constitution , No part of any Indian law or constitution can be directly implemented on the state of Kashmir without consent or approval of her legislative house . This article was in force during British rule too and was interestingly brought forward by the Mharaja Hari Singhi through credible notification procedures in 1927 and 1932, This article was subsequently taken forward by president Rajendra Prasad in 1954 . Though the article was largely damaged by N Pal Gosowami , who made one sided amendments to it without due consultancy with Kashmiri stake holders and got it approved hurriedly from a highly controversial legislative house in 1949 ,it still safeguards the autonomy of Kashmir . It is essential to understand that why Indian rulers are uncomfortable with Article 370 ? It is a well established fact that Kashmiris, despite their political polarization, are unanimously cautious from Dehli’s treacherous moves and always expressed extreme sensitivity over their autonomy . Out of hundreds of states being annexed at the time of partition , it was only The Kashmir which undertook dialogue on the subject with her own conditions and won an undisputed autonomous status in the form of article 370 . Another fact adds discomfort to Indian pain that article 370 was a temporary arrangement and the status of State of Kashmir was to be subsequently finalized through a plebiscite in the areas of Iok including Ladakh ,and AJK including GB. Dehli’s desire to usurp the Kashmir hindered all peaceful means . History;s most controversial legislative approved the annexation while more than 98% of its members won the so called election ‘Unopposed’. Non of the potential opposing member was allowed to contest the elections as their papers were rejected on baseless pleas. Subsequently , the spirit of Article 370 was sufficiently damaged during 1953 to 1975 . What now left , in the name of autonomy , is just a loose article 370 and its famous key article 35A which defines the ‘residents of state of Kashmir’ and their exclusive rights related to immoveable property , employment , permanent residency and multiple state sponsored benefits. Indian designs to alter the demography of Kashmir through artificial influx of Hindu settlers is not a mystery any more . Modi is anxious to follow the 2005 Israeli model of jewish settlements in Hara Homa area of East Jerusalem . Article 35A is the major hurdle in BJP’s venomous acceleration as it does not allow any settler to own a property as well as permanent residency rights . Previously , Indian supreme court passed a historic verdict by rejecting a petition against article 370 and maintained the Special status of Kashmir in Indian constitution . Dehli’s desire to usurp the Kashmir is still alive . RSS , the extremist face of BJP , lodged PIL for abrogation of article 35A in 2015 . Surprisingly , the government remained unmoved to defend the constitution which amounts not less than a meaningful silent blessing to the petitioners . More surprising fact is that the petition has now been accepted for formal hearing after two years delay . This delay is not difficult to decipher as the retirement of well reputed Justice MK Kehar and Justice TS Thakur was a much desired news for the RSS , Subsequently , arrival of new man, Justice Deepak Mishra in chair, has offered a favorable arena to get a dream verdict about abrogation of article 35A . This verdict has the potential to completely shake the dynamics in Kashmir . PDP , National conference and Hurriat leadership follow a similar stance about autonomy of Kashmir . BJP or its sponsored outfit RSS has launched a major attack on Kashmir ‘s autonomy through this petition . Eventually , CM Mehbooba Mufti had to say that any act against370 or 35 A would deprive dehli from those hands who are holding the Indian flag today . In the historical context , it is a very serious move and a dangerous extension of Dehli’s offensive designs towards the Kashmir . Unfortunately, on our side ‘ no realization no action’ policy is the order of the day . While jumping upon useless political controversies , our leadership has lost the sight of serious developments taking place along our borders . We have a foreign office , which should act beyond routine ceremonial lifeless statements about Kashmir . We have a kashmir committee too , whose chairman should spare some of his precious time to understand the historical context of Article 370 and 35A before issuing a sermon on Kashmir’s autonomy !
