Tag Archives: Jammu and Kashmir

India wins freedom 2.0- Tarek Fatah

TORANTO SUN

FATAH:

India wins freedom 2.0

BY TAREK FATAH

ORIGINALLY PUBLISHED: AUG 6, 2019

A major shift took place in the Indian subcontinent on Monday when the government of India revoked   the special status it had conferred on its only Muslim-majority state – the State of Jammu and Kashmir (J&K).

In doing so, India demonstrated a spinal cord of steel, this coming after 1,000 years of Arab, Turkic, Persian and Afghan Islamic invasions, followed by Portuguese, French and British colonization, had reduced it to mere spaghetti.

India today stands as tall as the Himalayas and walks as gracefully as the Bengal tiger.

As expected, Pakistan invoked its self-styled role as the godfather of India’s Islamists. The country’s military-backed Prime Minister Imran Khan made a barely concealed threat of a nuclear attack unless India revoked its actions taken on its own sovereign territory.

Khan told a joint session of the Pakistan parliament, “if we fight a war till we shed the last drop of our blood, who will win that war? No one will win it and it will have grievous consequences for the entire world,” he thundered. Then, as if to mollify his threat of a worldwide nuclear catastrophe, Khan fooled no one by insisting: “This is not nuclear blackmail.”

Khan then played the race card: “What they (Indian government) did in Kashmir is in accordance with their ideology. They have a racist ideology … ingrained in their ideology that puts Hindus above all other religions and seeks to establish a state that represses all other religious groups.”

India’s actions were taken through a change in two articles of its constitution that won approval in both houses of the country’s parliament. The fact this led Pakistan to threaten nuclear war tells us why so many of us consider the country not just a state sponsor of terrorism, but a threat to world peace under a military that is carrying out a genocide on its own people in the occupied once independent country of Balochistan.

India has a peculiarity to its history. Unlike the Persian and Egyptian civilizations that crumbled in the face of Islamic expansionism of the 7th and 8th centuries, India’s Hindu society was able to survive despite the total erasure of Hinduism from the 5,000-year-old Indus Valley Civilization by the Arab marauder Muhammad Bin Qasim and later murderous plunderers such as Tamerlane and the Moguls ending with the looting of its riches and resources by the British.

When they finally left in 1947, Britain amputated India’s limbs to partition the ancient land into three, with the Islamic State of Pakistan flanking India on both its eastern and western borders.

On paper India had won its freedom in August 15, 1947, but on the ground the ancient plundered land was not free until Monday.

Acting in good faith and making India secular to accommodate its Muslim minority, for decades its Hindu leaders distanced themselves from their heritage.

India’s first education minister came from a family in Mecca that claimed to be a direct descendant of Prophet Muhammad.

In fact, India is the only major civilization country where you are systematically taught to hate your heritage and glorify the invaders who came to destroy it. And this absurdity is called “secularism.”

Anyone standing up for the rights of India’s Hindu heritage of its indigenous and aboriginal population, who took pride in their ancient Vedic texts was labelled by the slur of being an “ultra-right Hindu nationalist,” while those who propagated the total Islamization of India under the Arab doctrine of “Ghazwa-e-Hind” and the eradication of every Hindu Temple were free to claim such hate as being their “right” to practice their faith.

But in the words of Bob Dylan, “the times, they are a changing.” India has finally won its freedom from the clutches of those who mock its heritage and wish it harm.

Under this new freedom, India’s Hindus, Muslims, Sikhs and Christians will be equals before the law and not hide behind “special status.”

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Article 370 of Constitution of India—A Temporary Provision

Indian Constitution and the J&K State have often remained
the subject for discussions and debates. So much, so that, it is a common man’s belief that the Indian State of J&K has a separate Constitution. But it can not be overlooked that the “Separate” Constitution under reference has been given by the Constitution of India. So, when the Indian Constitution is the mother of the J&K Constitution, how could J&K have a separate Constitution?

Controversies related to Article 370

Some people name Article 370 as the root cause of controversies over J&K being equal to all other states of India like Bihar, Panjab, etc ; Many believe that now Article 370 does not have much importance since it is through this article many provisions of Indian Constitution, many laws/ Acts of Indian Parliament been extended to J&K. Many have become part of J&K Constitution or some restrictive provisions of J&K Constitution are now very much in conformity with Constitution of India, so debates on Article 370 should now come to end. Rather the people who made such provisions and made some controversial commitments in 1947 to 1950s should have been questioned or their “heirs” need be asked to accept the responsibility.

It will not be fair to simply question and reject those people for whom such provisions have been laid and if these beneficiaries still want to hold fast to the 1Article 370; they can not be forced to shed their “special” rights, rather they shall have to be socio-politically convinced for coming out of the mindset of “special” provisions . They will have to be convincingly told about the negative aspects, if any, of such provisions in case it has to remove democratically.

Unfortunately today, it is a bitter reality that Article 370 has proved a breeding ground for those who are against J&K as an integral part of India, or who raise questions on Constitutional Status of J&K. It poses also a threat to peace in J&K with the passage of time. The number of those questioning Indian intentions has grown. Rather it appears that Delhi has not taken the issues that seriously over the last 65 Yrs, not even after 1990.

Even some political leaders that do hold fast to 1947 Accession of J&K with India no doubt but still believes that J&K should retain her “own Constitution” and “own Flag” accuse India of unduly extending some provisions of the Indian Constitution to J&K and demand that laws that have been extended to J&K before 1957 or thereafter must be reversed. Many amongst them have remained part of governments in J&K and they and their parties have consented constitutionally according to provisions of Art 370 in and outside J&K legislature for extension or adoption of the Articles or Acts or Provisions that are now being dragged into controversies. It can not be overlooked that the way some of these people have been accusing India of eroding the autonomy of J&K as well as breaching upon the trust that the “Kashmiri” had rested on India has gone to the advantage of those who question the truth of the October 1947 Accession of J&K with India. So, Due to this separatists are so encouraged that when invited by Delhi, they plainly challenge the 1947 accession and they reject the offer. Had it not been so separatists would not have been so particularly drawing the first attentions of Delhi, so plainly challenging the 1947 accession and rejecting the offers for talks from the Governments; expressing so boldly and freely anti-India views in Seminars, rallies and press conferences even outside Kashmir Valley.
 Article 370- “Temporary “not “ Special”
 The *Article 370 of the Indian Constitution is not a special status provision as regards J&K, but it is a temporary provision with respect to the State of Jammu and Kashmir. This Article is temporary and has to go. The word temporary very lucidly conveys that those who drafted and accepted the Constitution of India made this provision hoping that the state of uncertainty and negotiations would end soon. Such message also flows from Article 370 (3) where it is said that ::Notwithstanding anything in the foregoing provisions of this Article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification :

Since no constituent assembly has to stay permanently and hence using the term Constituent Assembly here indicates that Article 370 had to stay in its first form for a shorter period. Some people do argue that Article 370 can not be abrogated since now there is no Constituent Assembly. For argument sake, even this logic can be brushed aside since the J&K Constituent Assembly was also named as the Legislative Assembly under the Constitution of J&K 1996 amended in 2008 Samvat (discussed in detail in earlier chapters). So, the Legislative Assembly can perform the function in case of need arises. Article 368 of Indian Constitution talks of the procedures for amending the Constitution, maybe it could be of some help.

In the earlier times, the people of other Indian states too did not that seriously care for J&K affairs, now with the passage of time, it may not be that easy to clear doubts in the minds of common man, particularly in Kashmir valley, simply by addressing only to the technicalities.

The facts and truth about the intentions of Delhi shall have to be carried to the common man to clear the confusions created that the separatists over the years; even to undo the concepts that have been cultivated by some “ mainstream” Indian leaders who believe that J&K is different than the other Indian States.

In the same way, the Constitution (Application to Jammu and Kashmir) Presidential order of 14th May 1954 too could be seen as a foundation for J&K Constitution. So someone could say that why should any Indian who is the Permanent Resident of J&K forego any special rights that the Indian Constitution extends to him? In case the people who are not for retention of Article 1370 or J&K holding separate Constitution attend to these aspects seriously, They may not be they succeed in motivating those Indians in J&K who are not ready to shed their “special” provision. There have been surely one disadvantage of Article 370 and that is, that some people have been using Article 370 as a symbol of separatism for wooing the innocent people away from the Bharat. Otherwise, also it would be in the overall interest of those who want to check those who have been and are promoting the separatist’s ideologies in the name of separate Flag and Constitution

Text of Articles of Indian Constitution under reference :

Part XXI of Constitution of India: Temporary provisions with respect to the State of Jammu and Kashmir.

Article 370.

(1) Notwithstanding anything in this Constitution,—

(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b) the power of Parliament to make laws for the said State shall be limited to—

      (i) those matters in the Union List and the Concurrent List which, in consultation with the
          Government of the State, are declared by the President to correspond to matters specified in the
          The instrument of Accession governing the accession of the State to the Dominion of India as              the matters with respect to which the Dominion Legislature may make laws for that State; and       (ii) such other matters in the said Lists as, with the concurrence of the Government of the State,                the President may by order specify. Explanation.—For the purposes of this Article, the
          Government of the State means the person for the time being recognized by the President as
         the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the
         time being in office under the Maharaja’s Proclamation dated the fifth day of March 1948;

(c) the provisions of Article 1 and of this Article shall apply in relation to that State;

(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this Article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

AMENDMENT OF THE CONSTITUTION (Article 368)

Power of Parliament to amend the Constitution and procedure therefor.
(1) Notwithstanding anything in this Constitution, Parliament may in the exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in— (a) Article 54, Article 55, Article 73, Article 162 or Article 241, or (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or (c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this Article, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States 5*** by resolutions to that effect passed by those Legislatures ]before the Bill making provision for such amendment is presented to the President for assent.
(3) Nothing in Article 13 shall apply to any amendment made under this Article.
(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this Article [whether before or after the commencement of section 55 of the Constitution (Forty second Amendment) Act, 1976] shall be called in question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this Article.
Source : JKN Now

The 4 Myths on Jammu and Kashmir

We all know that there is a problem of Naxalism in Chhattisgarh. Do we call it a
Chattisgarh Problem” ? Bihar has poverty and backwardness. Do we call it a “Bihar
Problem” ? Then why do we call the problem of “Terrorism” and “Separatism” in the
state of Jammu and Kashmir as ‘Kashmir Problem’ ???

The ‘Kashmir Problem’ is a myth that was created by separatists, Jammu and Kashmir
politicians and Union Governments to protect their vested interests. Non-existent
‘Kashmir Problem’ was created and people were made to believe that the whole state
has some problem and the ‘accession is conditional’ and so on…

Two of the three regions of today’s Jammu and Kashmir have NO problem. 86,000 sq.km area of the state out of 1,01,000 sq.km has no problem. It’s only the small area of Kashmir valley, i.e 15,000 sq.km only, that has a problem of “Terrorism” and “Separatism”. 

Where exactly is the problem of “Separatism” ?

Only in the small 15% Muslim majority region of Kashmir valley and not in the Hindu and Buddhist majority 85% area of the rest of the state. There has never been a protest against India in Jammu or Ladakh.

JK

In summary, it is “Dilli Problem” – created by Dilli, nurtured by Dilli and carried on by Dilli. It actually refers to the bureaucrats, politicians and the so-called jammu and Kashmir experts based out of Dilli. Whenever the Nationalists become stronger and there is light at the end of the tunnel visible for all the problems, Dilli does something stupid giving morale boost to the separatists of Jammu and Kashmir.

When Nationalists were trying to integrate the state fully, Indian government sent three interlocutors, which gave a huge morale boost to the tiny group of separatists. The interlocutors report suggested to review all the Constitutional articles that got extended to Jammu and Kashmir since 1953. In reality, the need was to extend all the pending Constitution articles, not to review or remove any that is already extended. They even recommended the permanency of Article 370, with ‘special status’ via Article 371, acceptance of sovereignty of PoKJ on the areas illegally occupied by Pakistan.

The 4 Myths on Jammu and Kashmir:

1) Myth of Separatism: Everyone think of J&K as a separatist and anti-Indian state.
This is a wrong notion. Separatists are active only in Kashmir. Kashmir is the
smallest region of the state with a Muslim-majority (85% of area of J&K state is
Hindu and Buddhist majority). All the separatist leaders are from a single community
– Kashmiri speaking Sunni Muslims. All the other communities including Gujjar, Pahadi and Shia Muslims are fighting against the separatism and so-called alienation.

2) Myth of Dispute (so called ‘Disputed state’): There is a big confusion about merger of J&K with India even in the minds of the senior leaders of our nation. Raja Hari Singh of
J&K signed a document of accession which was the standard format used for the
accession of all the other Princely states with India. This was unconditional. The
only document which talks about asking the wishes of people is a letter from Lord
Mountbatten – this is not a collateral document and hence not legally substantial. On
6th February 1954, the J&K Constituent Assembly (duly elected by people of J&K)
ratified the accession of J&K to India. Hence, legally and constitutionally, J&K is
an integral part of J&K India.

3) Myth of Plebiscite: There is a general belief among intellectuals of India that we
have committed for a plebiscite in UN. There is no such commitment. India complained on 1st January 1948 to UN Security Council under UN Charter 35 to force Pakistan to withdraw their aggression from our lands. In 1958, UN Security Council proposed a resolution which called for unconditional withdrawal of Pakistan forces from POK, disbanding of AJK government, extension of J&K Government to AJK, resettling all the Indians who were forced to leave AJK, India to move required number of forces and J&K Government to conduct plebiscite under the supervision of UN Plebiscite Commissioner. Pakistan did not agree and act upon this UN proposal; hence there is no need for India to carry on any plebiscite.

4) Myth of Autonomy (so called ‘Special status’): The only purpose of Article 370 is to “extend the Union Constitution” to J&K. It neither gives special status nor guarantees
autonomy for J&K. The heading of Article itself says it is temporary and this needs
to be repealed. It was only a political fraud to keep the so-called Kashmir
separatism alive.

Till now in 2013, only around 260 articles of the India constitution have been
extended into Jammu and Kashmir state. India Constitution in total contains 444
articles in 22 parts, 12 schedules and 118 amendments. Incidentally, India has the
world’s longest Constitution ever written by any sovereign nation in the history of
mankind!

Why is “Gligit Baltistan” so strategically important?
Gilgit is the place where 6 Nations meet – India, China, Pakistan, Afghanistan,
Tazikistan and Tibet. Pakistan occupied Jammu & Kashmir (PoJK) is composed of Gilgit
-Baltistan Region and Muzaffarabad and Mirpur divisions of the former Princely State
of Jammu & Kashmir.

GB1

This northern area of Jammu and Kashmir state, had borders with Pakistan,
Afghanistan, Tajikistan (close enough), China (Xinjiang) and Tibet (now China
occupied). With this one region, India could have border even today with three
nations practically, plus Tajikistan of erst while Soviet Union only being 25 KMs
away. (Source: http://www.jammukashmirnow.org/pok/facts-about-gb/)

VK Menon Speech In Security Council (Longest speech ever in UN history):
Mr. V. K. Krishna Menon’s Marathon Speech Lasting For 8 Hours on Jammu and Kashmir at the United Nations Security Council’s Seven Hundred And Sixty Second Meeting On 23rd January 1957. (Source: http://www.jammukashmirnow.org/jammu-kashmir-in-un/vk-menon-speech-in-security-council/)

Jawaharlal Nehru’s meek surrender to Sheikh Abdullah:

A massive agitation called “Praja Parishad Andolan” (People’s Council Movement
started in Jammu and Kashmir when Jawaharlal Nehru surrendered to Sheikh Abdullah’s demands – namely, separate flag, separate constituion, separate dominion, no Indian election commission, no CAG, no Indian Administration Serive, no parliament election and even the Governor could not be appointed by the President of India like in other states. The denominations of Chief Minister (Mukhya Mantri) and Governor (Rajyapal) won’t be applicable in Jammu and Kashmir. Instead they are called “Wazir-e-Azam” (Prime Minister) and “Sadr-r-Riyasat” (President).

The current year 2013 marks 60th anniversary of “Praja Parishad Andolan”. 17th
November 1952 was the starting point of the final phase of the agitation under Pandit
Premnath Dogra. Initially, he was the RSS Sanghchalak of State of Jammu and Kashmir
and at that time president of main opposition party, Praja Parishad. The movement’s
slogan was that One nation cannot have Two Prime Ministers, Two Flags and Two
Constitutions (“Ek desh mein do Vidhan, do Pradhan aur Do Nishan nahi challengeA single country can’t have two constitutions, two prime ministers, and two National Emblems).

Majority of ordinary Indians are emotionally attached to J&K and want it as an integral part of Bharat. Most of the intellectuals in India are in a defeatist mood and suggest that we should leave Kashmir and move on. The year 2013 is the year of Bharat in J&K. We had two such situations earlier as well when the J&K could have been easily integrated with Bharat. The first was in 1947 when there was no sense of alienation and we could have extended the entire Indian constitution to J&K. The second time was in 1971 when 94,000 Pakistani troops surrendered to Indian Army and the Kashmiris were disillusioned with Pakistan. The political leadership of India failed to capitalize both these occasions.

The separatists have understood that India will never leave Jammu and Kashmir as it is a legal territory of India. Guns won’t work against India even after 40,000 terrorists and 35,000 civilians killed, and also about 6000 security forces martyred. 85,000 AK47 rifles, telescopic guns, pistols and rocket launchers and tons of RDX have been seized. Hence, there is no solution to the separatism problem by waging a war on India, be it direct or proxy via terrorism.

Today, terrorism in Kashmir is in its final days and there is no live support structure for terrorists in J&K. Separatists have learned three important things:-

1) India would not give up J&K. If they want to live in J&K, they have to live in India.

2) India cannot be defeated or made to bow down through arms struggle.

3) Nationalists of J&K cannot be taken for granted. Amarnath agitation was the turning point in the struggle between Nationalist and Separatist forces.

The need of the hour for all us Nationalists is to bring about awareness and change in our mindset – from “J&K bachao (save) to “J&K apnao (adopt)Visit Jammu and Kashmir atleast three times in a lifetime – once visit Ladakh, once Jammu and once Kashmir. Contact Jammu Kashmir Study Center for a customised itinerary.

Jai BhArat.

Courtesy: Presentation by Sri Arun Kumar (expert on Jammu Kashmir affairs), compiled from a book titled (The Myth of ‘Kashmir Problem’) by Jammu Kashmir Study Center, Bengaluru, published by Rashtrotthana Mudralaya. Website: http://www.jammukashmirnow.com/

PS: Watch these videos for more understanding of the History of Jammu and Kashmir and Accession topic:

Part-1http://www.youtube.com/watch?v=nWQByoyEtQU

Part-2http://www.youtube.com/watch?v=hfQh1dg07-I

Part-3http://www.youtube.com/watch?v=tjLBcIr22So

Part-4http://www.youtube.com/watch?v=v6GxvgYrhMg

Part-5http://www.youtube.com/watch?v=2cOQR1G8WyY

Relentless RSS continues to safeguard Jammu and Kashmir:

http://www.youtube.com/watch?v=Q244KiwrNN0

Jammu & Kashmir Interlocutors Report – Protests

Hyderabad – Dilsukhnagar :

 

J&K Interlocutors Report- Protest

“J&K interlocutors’ report that is biased, against the constitution and designed to gradually disintegrate Kashmir from Bharath must be refuted, rejected and thrown into dustbin in its entirety” said B. Narasimha Murthy of Jammu Kashmir Parirakshana Samithi (JKPS).

Speaking on the occasion of a huge human chain formed in the city of Hyderabad to protest the J&K Interlocutors’ report , he said the recommendations made by the committee speak the language of separatists. “Article 370 has been a major hindrance in solving the present problem yet the committee suggested making Article 370 a “special provision” from the existing “temporary status”, thus complicating the problem further. The committee mischievously tried to play around the semantics by repeatedly terming Pak Occupied Kashmir (POK) as Pakistan Administered Area,  calling Kashmir as a “bridge” between India and central Asia instead of asserting Kashmir as an integral part of Bharath, and advocating the re-enforcement of previous nomenclature of Chief Minister and Governor in Urdu which would eventually mean  Wazir –e-Azam and Sadr-e-Riyasat . All these dirty tricks are played to alienate Kashmir from Bharath” he said. He further questioned the very validity of the committee of which two members are directly connected to and enjoyed the hospitality of an ISI agent , Ghulam Nabi Fai, for over a decade now.

The program was organized by JKPS on 25th July during the busy working hours on a working day through one of the busiest routes of Hyderbad city, i.e. from Musarambagh to LB Nagar. More than 5000 people actively participated in the human chain formation and the chain uninterruptedly stretched for almost five kilometers. Despite such a huge gathering at such a busy route, the traffic was not disrupted at all because of the chain.

Other highlights of the prgramme were:

  • Huge groups of college students were seen voluntarily joining the human chain.
  • The entire stretch was filled tricolor flags with slogans echoing “Bharath Mata Ki jai”
  • People from all sections  took part in the programme.