Articles 35A and 370 have to go lock, stock, and barrel to integrate Jammu and Kashmir completely into India and defeat Kashmir Jihad.
It was on September 2, 2018, that a Kashmir-based English language daily Greater Kashmir carried a shocking story, titled “Article 35A’s Pak connection: Result of Indo-Pak ‘agreement’ in 1954”. The story was based on a statement made by former Chief justice of India, AS Anand, in his book Constitution of Jammu and Kashmir, its Development and Comments. According to the book, “it was in accordance with the ‘agreement’ between the representatives of India and Pakistan that the Jammu and Kashmir legislature would have the power to make special provision for the permanent residents of the State”. In other words, Article 35A was a deep-rooted conspiracy hatched against India both by the Indian Prime Minister JL Nehru and Pakistan PM Mohammad Ali Bogra. Bogra was the PM of Pakistan in 1954.
“Article 35A, after Article 370, was applied to Jammu and Kashmir only to facilitate the creation of a Muslim State on the territory of India”
Whatever the Greater Kashmir report said was as startling as it was highly disturbing and dumbfounding. It was a shocking revelation in the sense that the sovereign State of India hobnobbed with the Islamic State of Pakistan to create dangerous conditions which would help Islamists in Kashmir create an Islamic State of Jammu and Kashmir on the territories of India, undermine national unity and subvert the very basic structure of the Indian Constitution. It was shocking and disturbing all the more because the conspiracy was made part of an appendix of the Indian Constitution on May 14, 1954. The worst aspect of the whole situation was that neither JL Nehru nor the then President of India Rajendra Prasad informed the nation as to what transpired during the so-called meeting between representatives of India and Pakistan on the political future of India, which was, and is, legitimately Indian. Our Parliament was also not informed. Indeed, it was a sinister conspiracy in the sense that an Article was inserted in an appendix of the Constitution in a surreptitious manner – an Article that granted the State of Jammu and Kashmir the absolute right to decide the question of citizenship of the Indians or to grant or not to grant citizenship to any Indian or a group of Indians. It was, undoubtedly, an act of sedition.
It was hoped that the Prime Minister’s Office (PMO) or the Indian foreign Office (IFO) or the Union Home Ministry (MHA) or the Union Law Ministry would take a serious cognizance of the Greater Kashmir report and educate the nation about what transpired during the meeting of representatives of India and Pakistan and what made the Nehru Government to make that nasty and atrocious agreement part of an appendix of the Indian Constitution and apply the same to Jammu and Kashmir in the form of Article 35A. But none thought it prudent to clear the serious doubts in the minds of the people the Greater Kashmir report had created and alarmed the concerned sections of the population in Jammu province and Ladakh regions. Significantly, not even one Kashmiri Muslim leader or any leader belonging to any political party in Jammu and Kashmir reflected on the Greater Kashmir report. Even the “nationalist” BJP thought it desirable to ignore the report. Why?
The failure of Government of India to contest and reject the Greater Kashmir’s claim that Article 35A was a result of an agreement between India and Pakistan only vindicated the stand of the concerned citizens of Jammu and Kashmir that “35A, after Article 370, was applied to Jammu and Kashmir only to facilitate the creation of a Muslim State on the territory of India”.
“While Article 370 created Muslim state within the Indian nation by keeping Jammu and Kashmir out of the political and constitutional organization of India, 35A converted the constitution of Jammu and Kashmir into a Shariat compatible regime”.
It was chairman of the IkkJutt Jammu, Advocate Ankur Sharma, who on September 8 took on the powers-that-be in New Delhi in a largely-attended press conference in Jammu and asked them question after question.
Some of the questions he asked were: “We ask Government of India to clarify was Article 35A a result of an Agreement between India and Pakistan? “If so, why the nation was not taken into confidence?” “Why was the Parliament, the supreme law-making body of the nation, also kept in the dark while perpetrating this fraud?” “How is it that the people of Jammu and Kashmir don’t know that an agreement was arrived at between India and Pakistan over their heads?” He tore into the Government of India, saying that “the colossal betrayal has all through been subverting the nation from within as well as outside”.
Ankur Sharma claimed, and rightly, that “while Article 370 created Muslim state within the Indian nation by keeping Jammu and Kashmir out of the political and constitutional organization of India, 35A converted the constitution of Jammu and Kashmir into a Shariat compatible regime”. He bemoaned that “this regime rendered non-Muslims as third-grade subjects, no different from Dhimmis”. “Keeping the nation in the dark about the most sinister conspiracy is a betrayal of the nation for which Nehru and his cronies need to be tried posthumously to undo the wrongs,” Advocate Ankur Sharma also said while tearing into the Congress leadership and taking on the Government of India for its stony silence.
One can only hope and pray that good sense would finally prevail and the Narendra Modi Government at the Centre would clear all the cobwebs of confusion created by the Greater Kashmir report.
It needs to be underlined that the persecution, marginalization, and exclusion of non-Muslims in Jammu and Kashmir is a direct fall-out of the willful fraudulent creation of the “Muslim state of Jammu and Kashmir through Article 370 and Article35A” by the Congress leadership at the helms at that time. The non-muslim population of Jammu and Kashmir is not only face to face with the issue of systematic discrimination but also the worst form of servitude of a Muslim State. The situation has now climaxed to the point that their very survival, their religion, and culture are at stake.
Roshini Act of 2001 that allowed the followers of one particular religion to grab almost 20 lakh kanals of state, forest, panchayat and municipal lands in Jammu; the February 14, 2018 minutes of Ministry of Tribal affairs in Jammu which encouraged land grabbing in Jammu; demographic Invasion of Jammu; and ruthless exclusion of Hindus, Sikhs, Jains and Buddhists from the administrative organization of the State are only symptoms of living in subjugation.
One can only hope and pray that good sense would finally prevail and the Narendra Modi Government at the Centre would clear all the cobwebs of confusion created by the Greater Kashmir report. The best thing for him to do would be to scrap Article 35A or the agreement between the representatives of India and Pakistan if any. Even otherwise, Articles 35A and 370 have to go lock, stock, and barrel to integrate Jammu and Kashmir completely into India and defeat Kashmir Jihad.
1. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.
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