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  • Category: Jammu and Kashmir

    Should article 370 be revoked?

    Article 370 grants special status to the State of Jammu & Kashmir within the Indian republic. According to the Jitender singh (Minister of State in Prime Minister's Office), Modi's government has started the process of abolishing this article. J&K is an integral part of India and it should follow all Indian constitution norms. Chief minister Omar Abdullah and his government always oppose revealing this article. Some political parties are in favor and some are against this. What is the opinion of ISC members?
  • #499355
    I don't think that revoking Art 370 would be easy at this juncture. Let us not get carried away by politically motivated statements. The subject is not that narrow as can be discussed in a forum like this. We will have to go back to the partition days and through the minutes and drafts of the Constituent Assembly to the various developments and changes that have taken place within the state from thereon before arriving at a decision in this connection. The instrument of accession by Raja Hari Singh and the letter of acceptance by Lord Mount Batten and the prominent or pivotal role played by Sheikh Abdullah are also matters requiring attention. But since there may not be a point in digging the graves at this point of time, the government should act with maturity and deal with the issue diplomatically without showing any haste.
    'Real knowledge is to know the extent of one's ignorance' - Confucious.

  • #499358
    Kudos to the new government for taking action to abolish the article 370 specially created for the Jammu and Kashmir state. All these years the Congress government though had the majority never had the guts to abolish this special status to that state. Now that a vibrant government is functioning at the centre and it never wants to give a upper hand to other countries on this matter, shall abolish the special status sooner. By doing so we can definitely call that state as it is the integral part of our Nation.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #499583
    Kashmir was an independent nation at the time of partition. The Muslim majority state was ruled by a Hindu king Maharaja Hari Singh who agreed to accede to India in return for defending Kashmir against Pakistan sponsored invasion. Though Kashmir became a part of India, it was allowed to enjoy its own Constitution as a compromised formula. Apart from matters relating to defense, foreign affairs, finance and communications the Indian parliament has to take the concurrence of the J&K govt. for applying all other laws. This special autonomy is protected by Article 370 of Indian Constitution. However this article is placed under temporary provisions of the Constitution so that in course of time, the state of J&K should become an integral part of India and its residents are covered by the Indian Constitution.

    So legally speaking, it is quite easy to remove Article 370 from the constitution. However, practically speaking such an action will create chaos in the state which is already in a tense situation. India needs more time to emotionally integrate the people before revoking Article 370.

    Regards,
    Umananda

  • #499600
    Instead of discussing like blind men talking of elephant they had not seen,but felt in parts, there should be sincere and serious effort to make the people of this country fully aware of the background and the actual clauses of the article 370.

    Let the people understand how it is affecting/ discriminating or /will affect and will discriminate the mainland people and the people of the Kashmir state.

    The people of Kashmir should be convinced that revoking art 370 will not affect them in anyway and they will be having equal opportunities, benefits and rights and duties like any other state people of India. People from other parts of the country also should feel that it is their own duty and responsibility that Kashmir also becomes developed like them and contribute to the country's overall development. People from Kashmir should be welcome in any other state and other state people should also have the equal rights in Kashmir, as they have in any other state now.
    After making the people aware and ready, it will be easy to revoke or amend article 370.

    If there is will there are many ways also.

  • #499637
    Only the people of Jammu & Kashmir can decide to revoke or amend Article 370. If it is done by New Delhi, it will be illegal, and an act of oppression. Already, Jammu & Kashmir does not have a very bright opinion of the Indian state, thanks to the Armed Forces Special Powers Act and the widespread Indian jingoism claiming Kashmir without caring for what the people think.

  • #499642
    @hermes
    We are going to see development in this regard in near future for sure. But do you know any details of this article 370?

  • #499667
    Hermes, what do you mean by saying that only the people of Jammu & kashmir can decide about Art 370? Hope you are clear about the facts. Are you suggesting a referendum? Is this the right time; when fanatics and terrorists are dictating terms?

    Who said that J&K does not have a bright opinion about India. The confused lot is no doubt a minority. And do you mean to say that they have a bright opinion about Pakistan? Hope you are aware about the plight of Indian Muslims in Pakistan.

    Let the privileged J&K residents realize, sooner the better, that they would be better off as Indian citizens. Politicians might have their own aims but we should not, as responsible citizens of this great nation, fall prey to those.

    Armed Forces Special powers Act is a necessity and should not be withdrawn at any cost. It is not Indian jingoism of claiming Kashmir. The erstwhile Maharajah had signed the document of accession and we have every right over kashmir.

    If you are so worried , talk about Hyderabad where shops, especially those near Charminar and adjacent areas, that are adorned with photographs of Nawaz Sharif (with changes in between) till date. Should divide India be our new policy?

    'Real knowledge is to know the extent of one's ignorance' - Confucious.

  • #499742
    @Saji:

    "This confused lot is no doubt a minority." And how do you know this? A referendum? That's a very circular argument to have: let's not have a referendum because they are a minority? I'm sorry, but the point of referendums *is* to figure out the demographics of opinion. This is like deciding we don't need national elections because we already somehow know who will win.

    I did not say or imply anything about Kashmir's opinion on Pakistan. You're putting words in my mouth.

    The AFSPA has allowed the Indian Army to commit human rights abuses. It has been condemned by the United Nations and the Human Rights Watch as a draconian, colonial-era instrument of terror. The AFSPA has no place in civilised society.

    And it is indeed Indian jingoism claiming J&K. The Maharajah was not an elected representative of the people of J&K, he was a figurehead installed by the British administration. Hari Singh's administration did not even give his people any kind of government representation. And India, which values democracy and free speech, simply trampled over the Kashmiri peoples' right to self-determination and claims J&K over the words of an unelected, unrepresentative despot.

    When J&K was invaded, India could have flatly rejected the accession request: as a foreign state, India had no obligation to assist or annex J&K. India could have posed a counter-offer to only offer military support in exchange for transitioning J&K to a democracy and allowing the people to decide what they want. India chooses none of these options, but directly annexes J&K at the request of a despotic king. Insisting that "India owns Kashmir" is a direct support of dictatorship.

    As I hypothesised in the other thread: if the British had signed off India to a different country, would the Indians have pleasantly forgotten our independence movement and accepted our new masters?

    Also, I don't see your point about Nawaz Sharif photos in Hyderabad. Our citizens have the freedom of speech and they can put up pictures of whoever they like. We are not a fascist state, and if people want to admire Sharif's face, they are free to do so.

  • #499777
    @ Hermes
    Are you pakistani or live in India "Pak occupied kashmir" or kashmiri or living in India? Until decide who are you, please don't claim anyone here is dictatorship. Civilized people don't show ISIS flags. We don't want another iraq next to new Delhi.

    India is group of smaller states and In world you see lot of such examples.
    In India,
    1) Goa which was under control of portugal for long time and India compelled portugal to leave Goa after 450 years in 1961.
    2) India surrounded Hyderabad State to merge in India. Because it can't be country in middle of it.
    3) Jungardh was occupied by India, because it was wrongly given to pakistan by its ruler. It was inside India.

    When Junagardh can be part of Pakistan (1947) declared, Then why Kashmir can't be part of India after King of kashmir declared it? It is pakistan invasion on kashmir and hence India did what was most ethical. Do you think, British govt asked every of my grand parents whether they need democracy or freedom? They decided to give freedom to India or Pakistan. There was no topic of kashmir. Hence you views on democracy or free nation is not valid.

  • #499856
    Mr. Hermes and Mr. Rahul , you are behaving like women who don't have weapon in their hands. Just a tongue which can do anything anywhere. Think like a constructor and not a destructor. Sometimes what you see and feel is not always exactly true. I have already selected a best answer. Don't reply just for the sake of a reply. Think positively guys.
    Vivek Chalotra
    Never stop learning because life never stops teaching.

  • #499865
    Vivek
    once you have posted thread handle it,If it is against India. Your comment is not serious one.

  • #499881
    I strongly condemn anything against India. Let me clear you everything about Jammu & Kashmir. Jammu and kashmir are two completely different areas. Whether we talk about climate, language, religion or people. There is majority of hindus in Jammu and and minority of muslims but they fully support India and live together happily but in Kashmir the situation is completely different. In Kashmir there is majority of muslims and most of them are Pakistan inclined. We in Jammu celebrate victory of India but they celebrate victory of Pakistan. Once I was in Kashmir and there was a cricket match between India and Pakistan. Due to some urgent work I missed the match. At around 8pm it started fireworks all around the Dal lake. I was thinking that India has won, that's why people here are celebrating. But I was astonished to hear that Pakistan has won. Actually they don't like Pakistan, they only support their own community and Pakistan is a muslim country.
    Vivek Chalotra
    Never stop learning because life never stops teaching.

  • #499894
    @ vivek
    Jammu kashmir is one state which also include leh and ladhak. So, don't isolated jammu from others.

    Sometimes fireworks on odd time happen deep inside India as well.
    http://www.indiastudychannel.com/forum/130875-Should-Kashmir-be-left-alone.aspx

  • #499896
    @ Rahul
    Yes you are right. I am not isolating Jammu from others but was trying to put some light on the actual situation. People of Leh and Ladakh are as good as that of Jammu.

    Vivek Chalotra
    Never stop learning because life never stops teaching.


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