An enabler and a solution

Vijay Hashia
The NDA Government has finally done away with the most controversial article of the constitution in the history of independent India. By this BJP, have fulfilled the promise envisaged in their manifesto, which the processor Governments could not. Three Accords including one initially called “Delhi Agreement” between Sheikh Abdullah and J L Nehru in 1952 followed by “Indira – Sheikh Accord” in 1975 and finally ” Rajiv and Farooq Accord” in 1986, did not strengthen the bond of integration with India but the state now downgraded to UT, drifted to terrorist activities post 1987 election rigging, the cause attributed to poor leadership, rampant corruption, underdevelopment, unemployment and gender discrimination. Remembering the father of nation who had seen a ray of light, gradually diminished in the dark clouds hovering under the tutelage of fundamentalists, secessionists and Pak sponsored agents, ruled the roost for over more than three decades, that the abrogation of 370 A provisions had become indispensable as it had turned into a boiling cauldron difficult to cool down.
If the central leadership allowed J&K rulers to rule in whatever manner they liked, whether or not it was in the interest of the country or state; they swore on the one hand by the principles of democracy, socialism, secularism and accession to India but on the other hand, the oath of allegiance got violated to anti-India sentiments, autonomy and communal shrill of gullible masses.
While the iron got hot, the hammer was easy. The fierce debate in both the LS and RS followed by majoritarian vote paved the way. Media rhetoric was not new development but had taken rounds in Nehru’s era on 27 Nov 1963; GL Nanda took up for its abrogation on 04 Dec 1964; Narasimha Rao spoke of autonomy but short of aazadi; United Front PM, I K Gujral, in 1996 raised the same pitch but none could do away with it. In his rebuttal, through series of tweets, J&K ex Chief Minister Omar Abdullah once had said “Article 370 is the only constitutional link between J&K & rest of India” and “Talk of revocation is not just ill-informed, it’s irresponsible”. Omar had also said “Long after Modi government is a distant memory either J&K won’t be part of India or Art 370 will still exist”. So had been Mehbooba Mufti, “That tinkering with or touching it will not only burn the hand but the whole body will go to ashes.” The shrieks always as louder as lion’s roar but drew flak, reminded one, the framers of the constitution had rightly presumed that the ‘temporary’ provisions, envisaged would last only for a relatively short duration and the operation would hardly extend beyond the time of the Constituent Assembly of the state, the speculation came true on 05 Aug 2019
That much tattered rugs of seventy two years of Art-370 with its temporary provision, intended to autonomy, (separate constitution, separate flag, Wazir-e-Azam and Sadar-i-Riyasat -the 1953 position) with the authenticity of Instrument of Accession, is argued integrated state (now UT) with Indian Union. The article had been rugged so many occasions by the presidential orders and in the post 90s by the executive orders to suit the need of hour. The only question was what if ? Perhaps, fears had been political turmoil and mob fury at the behest of protagonists’ who are edged to hogged gains. Seen from the past seven decades, the trend has been rampaging mobs dogged by spate of violence, at the behest of their mentors, on every minor issue, were exhibiting propaganda of insularism and ire to outrageous limits against India. Also, the growing nexus between the fundamentalist elements with their counterparts across the border since independence has been blatant and brazen. This has resulted in dramatic upsurge of terrorism post 90s. Such a daring and dangerous trend retorted to question continuance of Article 370, as it renegaded culture of Kashmiryat, provided seclusion and stimulated vested interests.
Coming to the reality, the J&K state has been reeling through worst crises ever since eruption of terrorism in 1989 and it has caused enormous collateral damage in terms of men, material and its economy. Retrieving it from quagmire of turmoil, required a political will, sincerity of purpose and spirit of compromise that could usher a new era of hope for Kashmiris that the abrogation of provisions of Article-370 became indispensable. What ails the UT most, has been lack of good governance, rampant corruption, prolonged dynasty rule, fundamentalism and terrorism which were impediment to growth and development. Massive financial aid in the past under the tag of ‘special status’, piled improperly, the ‘financial subterfuge’ that has now become a passé and old rumpus, as it could neither be probed in depth nor proved. Though CAG indicted the Government over its misuse several occasions but simultaneously had to waive off financial irregularities. Presently, enormous aids on security related expenditures are reimbursed by the Centre. The Centre has been funding the entire plan expenditure and also pays the financial assistance to migrants who had to flee the valley due to turmoil. The ex-gratia to the people killed in terrorist acts is also paid by the Centre. Right from independence, J&K has been on doles without any returns, as it enjoyed the fruits under the tag. State tourism is in sullenness, other revenue generating industries are also beleaguered by several problems due to the ongoing terrorism . The retention of Article 370 therefore, was a bristly quill of a porcupine reared to play romp over vote bank politics.
The Jammu and Kashmir problem had festered for decades moving from beyond a military dimension, if it ever was that. To resurrect it from the turmoil, the tattered social, religious and political fabric and the ongoing terrorism, the abrogation of provisions of Art 370 together with 35 A became an enabler and a solution in itself.
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