Rajan Gandhi
The recent reference by National Conference to Maharaja Hari Singh’s initiative to introduce State Subject in our state has once again shown how in politics you can change your stance with time and with the changing scenario politicians can go to any extent and use the situation as it suits them. Sheikh Mohammed Abdullah’s politics revolved around opposing Maharaja Hari Singh and instigating people against Dogra ruler’s policy to get the desired results in his favor at that time. Maharaja Hari Singh has time and again been wrongly blamed for the mess, denied due credit for social transformation and forgotten by respective State Governments. But as they say history repeats itself and noble work never goes wasted ,the circle of time has completed its journey and NC-PDP are now forced to take cover of Maharaja Hari Singh’s visionary decisions of that time.
Going by history, the Constitution of Jammu and Kashmir was adopted on November 17, 1956, defined a Permanent Resident (PR) as a person who was a state subject on May 14, 1954, or who has been a resident of the state for 10 years, and has “lawfully acquired immovable property in the state”. It was specifically devised to grant protection to state subject laws that had already been defined under the Maharaja’s rule and notified in 1927 following a strong campaign against the hiring of civil servants from Punjab because it affected local representation in the administration at that time and interference by British rulers through these recruitments was suspected and as such was intended to block the indirect entry of Britishers to create trouble in his state. Now comparing the peculiar situation faced by Maharaja at that time with the situation at the time of extension of constitution to Jammu and Kashmir was totally mischievous and uncalled for and despite protests from various quarters Nehru and Sheikh duo incorporated the 35 A clause. Nehru’s policy of sidelining and weakening Maharaja backfired and the fact was that a trap was laid and the whole nation got entangled in that and till date central government has not been able to correct that blunder forced on people of Jammu and Kashmir. In this world of globalization it’s ridiculous to have such clause in constitution to debar one’s own countrymen from purchasing land in own country. Further taking cover of Article 370 and 35 A even students from other states are not allowed to take admission in our medical colleges and vice versa .This year only by Supreme Court’s direction on NEET exams our students got a chance to get admissions outside but vice versa is still not possible and the frauds committed by JKBOPEE year after year are in public domain, of course in the name of protecting the rights of people of Jammu and Kashmir. The list of misuse in the name of Article 35 A is endless.
Most amusing part is that who are now claiming to be champions for the rights of people of Jammu and Kashmir only misused, twisted and misinterpreted this article 35A the most for their own political gains, even today also. Part of this article 35 A controversy started over the issue of a state subject woman marrying a non-State Subject way back in 2002 when in October, the Full Bench of the High Court in a case, State of Jammu and Kashmir vs Dr Sushila Sawhney, said that daughter of a permanent resident of the State of Jammu and Kashmir will not lose status as permanent resident of the State on marriage with a person who is not permanent resident of the State of Jammu and Kashmir. Later, the state Government went for appeal in the Supreme Court against the judgment. However, the PDP Government in 2004 withdrew the appeal and moved a Bill in the Legislative Assembly seeking disqualification of a woman marrying a non-State Subject. Although the Bill was passed in the Legislative Assembly but it hit a roadblock in Legislative Council with the then Chairman Abdul Rashid Dar adjourning the House sine die without putting the Bill to vote. National Conference then expelled Dar for ‘sabotaging’ passage of the Bill. The Bill was again brought in the Upper House by PDP in March 2010, again raising the tempers. The NC-led Government didn’t oppose, knowing well that Legislative Council will drop it. After about 15 days, the Chairman of the Legislative Council said it was a Constitutional Bill and should be introduced in the Assembly. He then dropped the Bill. This ping-pong game between NC-PDP continued just for scoring brownie points and till date no formal circular has been issued by State Government supporting high court judgment which shows their real intent and honesty towards Article 35A and state women’s rights, protection and empowerment and this has now become the very basis of challenge in Supreme Court as it contradicts constitution of India which provides equal rights to both genders. Supreme Court is thus contemplating to refer it to constitution bench to finish this long pending misleading anomaly.
But the thing to remember is that state subject was not the only progressive law enacted by Maharaja. In 1929, Maharaja Hari Singh increased penalty for abducting Kashmiri women from three to seven years imprisonment, plus the lashes and British India cooperated by making the offense extraditable. In 1930, primary education was made compulsory as also Maharaja decreed the child marriage as banned. It was during his reign that J&K had Agriculturist’s Relief Act that allowed debtors to seek judicial intervention in settling cases of usury with money lenders and creditors. The Land Alienation Act prevented transfer of agricultural land to the non-agriculture population. Even the Kahcharai Act was adopted in his rule. Beagaar or forced labor and prostitution were completely abolished. Village Panchayats were introduced by Hari Singh. Under his rule only Jammu and Kashmir Bank was setup in 1938, Srinagar Emporium in 1941, and SMHS hospital in 1945. He opened all public schools, colleges, and wells to the untouchables in 1931 as untouchability was pronounced a crime. He permitted re-marriages of Hindu widows. In 1934 Maharaja permitted setting up of Praja Sabha which was a prelude to the formation of state legislative assembly after 1947. Education up to primary level was made compulsory and free. The number of schools were increased from 1706 to 20728 in 1945.To attract Muslim students he appointed ‘Mullahs’ and ‘Maulvis’ as school teachers. He sanctioned 500 scholarships each of Rs 5 per month for Muslim and other needy children. Two more colleges, one at Poonch and other at Mirpur were opened.These actions of Maharaja only speak about his vision and intent to serve the people.
In his very first public speech, Maharaja Hari Singh made his intentions abundantly clear by proclaiming “If I am considered worth governing this state, then I will say that for me all communities, religions and races are equal. As a ruler I have no religion, all religions are mine and my religion is justice.” He is remembered as a true nationalist and his address in the First Round Table Conference at London in 1930-31 is a testimony to it wherein he spoke of self rule for Indians and from here itself he put himself on the hit list of Britishers. His declaration in 1942 conference that his state would be the first to join Independent India became rallying point for the political parties and rulers of other states. Those who are still in the mode of denial should at once turn the pages of history. Historical records reveal and confirm that Maharaja Hari Singh was a liberal and a tolerant ruler. He gave complete religious freedom to his subjects. He used to participate in the religious festivals of people of all faiths, and respected their religious sentiments. On Eid, he used to visit the Eid Ground to greet his Muslim subjects and remained with them so long as they were engaged in the prayers. It is this legacy of that great Maharaja whose path is still being followed by the incumbent regimes in the state. He sacrificed himself at the altar of democracy for the sake of his people but his stature remains unmatched even today.
“You could land up where you are because of good karma but it’s your thought and intentions that give you direction in life” this is the thought with which man of principle Maharaja Hari Singh lived and be remembered. Legends never die- they are immortal – they live in hearts of their people.
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