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| Cascading effects of reorganizing Jammu Kashmir | | |
Mahadeep Singh Jamwal
The Articles 370 and 35A of the Constitution of India have now become a part of history of Jammu and Kashmir but their memories will haunt us as instruments that were badly exploited by political leadership of the Kashmir. The political leadership of Jammu cannot be absolved of these accusations as they had been part of the governments whether it is NC, PDP, Congress and even BJP. A tiny and closed fraternity of privileged men, enjoyed a monopoly, sanctioned and licensed by 'Special Status' of the Jammu and Kashmir guaranteed by this Article. It carried the common subjects of erstwhile state of Jammu and Kashmir to a state of confusion and sufferings, so as to arrive only to absurd and monstrous conclusions, that state monopoly, concentrated in the hands of few and their adherents much visible in both regions, and that brought only ruin and bankruptcy to all in the J&K. Till now much has been said and debated and all that can be arrived at is the bold decision of HM for bringing a bill (to abrogate section 370 and to reorganize the state) that sailed safely across both houses of the Parliament and reorganization Act being implemented from 31 October 2019, making it an historical document for Jammu and Kashmir, thereby scrapping special status and chequered history of formation of this princely state, once having such an importance that this was among only three States of British India who's rulers were entitled salutation of 21 guns and other Princely states were Gwalior and Hyderabad in the row. This was the only state that was never under British rule and only Muslim dominated state ruled by Hindu rulers. It was Jammu and Kashmir's secularism that prompted Mahatma Gandhi to say during bloody days of 1947, that I see a ray of hope from Kashmir. But the reorganization of Jammu and State has rewritten the history that has tagged this state into a downgraded status and has demolished its union of three regions and fragmented it in two union territories. The Ladakh qualifying for it by all considerations but other one never deserve it. The hammers struck the unity of the state in a very calculated manner by shackling the whole state before implementing the historic decisions, on the deceptive claim of very high security threats to the state. The reaction of very high voltage was well perceived from the valley that is why a peaceful atmosphere was brought under black canopy on the pretext of security threat. Whatever little is trailing from Media does not go in favor of the democratic values of the state. The initial discussion on Article 370 and 35A have subsided with majority population welcoming this decision but still some voices from Muslim dominated districts are pouring in and there is deceptive calm in valley owing to the domination of the valley by para-military and other forces. Their reaction will keep looming over the administration for unpredictable days.
Although the abrogation of Article 370 and 35A whole heartedly has been accepted and welcomed by the majority in Jammu region, but reorganizing the state, in a way, it has been done, has been promptly and sharply reacted by various political as well as civil society groups from different platforms and mass movement is expected on the issue, once restrictions imposed across the region are done away. This is the reason of putting aggressive leaders from Jammu region under house arrest that has projected their concern by virtue of constitutional empowerment. The Ladakh Division is geographically large but sparsely populated, with a difficult terrain, and qualifies gor getting the status of a Union Territory; however Jammuites always went for liberating themselves from Kashmir politic and were asking for separate statehood and Kashmir also never demanded separation of the state, that may be their vested interest. Here we have to introspect also how reorganizing Jammu and Kashmir into a union territory with legislative assembly on Delhi UT pattern is going to help in bringing normalness in the trouble torn Kashmir? The UT set up at present in Delhi had been observed by one and all across the country as 'Tug of War' betwixt CM and Lt. Governor ultimately the Apex Court had to come to the rescue of the CM. The instability of elected government will become a road block in efforts towards securing a peaceful environ across the JK Union Territory. As assured by HM and even by PM that the statehood status will be restored when normalness returns to valley, are self explanatory words that another experiment has been pushed like that of much claimed demonetization and letting free thousands of stone pelters that dashed like castles in the air. In the scenario, the words of Isaac Newton comes to my mind "The best and safest method of philosophizing seems to be first to inquire diligently into the properties of things, and establishing those properties by experiments, and then to proceed more slowly to hypotheses for the explanation of them". We cannot leave our discussion halfway, without exploring the possibilities for installation of Hindu CM from Jammu region and that too from BJP as these aspirations have been resonating from BJP from time to time. Under the union territory set up with remaining same number of assembly seats in Kashmir and Jammu region, it is a distance dream. Towards achieving this goal, a sequential link that we can look for is: 1. conduction of census (As per established procedure takes after every ten years and a Union subject under Article 246 of the Indian Constitution), the Central government has to declare its intentions as envisaged under section 3 of "The Census Act, 1948" as amended in 1994, and there upon census will be taken. The delimitation on the basis of 2011 census in no way is acceptable as it reflects more population of Kashmir and this is the mandatory figure to be considered for delimitation. 2. Delimitation: central government is required to constitute 'Delimitation Commission' as per provisions of section 3 of 'The Delimitation Act, 2002 (33 OF 2002). But the delimitation has been frozen by The Constitution (Eighty-fourth Amendment) Act, 2001 till the first census to be taken after the year 2026, therefore a constitutional amendment of 'The Constitution (Eighty-fourth Amendment) Act, 2001' is required to proceed for the delimitation. These aspects can be followed by elections in the JKUT in a run up to formation of government. The possibilities of installation of Hindu CM from Jammu emerges only if seats get increased in Jammu region after delimitation than Kashmir region and the voters blindly elect all the candidates as MLAs from Jammu region from of one party. The BJP is hopeful in this aspect. Let them choose to be optimistic, it feels them better. Optimism doesn't wait on facts. It deals with prospects. This sequence of events would have been taken its flight even without reorganization of the state and carving out union territories especially of JKUT, in order to supersede the political domination of Kashmir based political parties as the State was already ruled directly by the central government under President Rule. The reorganization appears to be a decision taken like that of GST that is everyday in amendments and taken in haste to get patting.
Concluding I am of the view that genuine reason had cropped up to raise concern for Jammu statehood and this has further dipped the image of BJP leaders in Jammu who had always been compromising with the sentiments of Jammuites as seen in past few years ago during voting for MLC elections and Amarnath land row and unaccountable other occasions and monopoly of present era over genuine voices of Jammuites. Apparently these are the cascading effects of reorganizing Jammu Kashmir into Union Territory.
Some solace like that of domicile is must to check in the genuine feelings as of outsiders settling in Jammu and people of particular religion will be consolidating in Kashmir and genuine concern of jobs. |
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