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| J&K remains denied of Indian Constitution & Flag | | India celebrates its 64th Republic Day | | Prof. Bhim Singh | 1/28/2013 12:56:31 AM |
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Over one billion citizens of India shall be celebrating India's 64th Republic Day all over the country while over 10 million citizens of India in J&K continue to be denied to share the fruits of country's democratic Constitution as well as National Flag since 1950. The founders of Indian Constitution failed to appreciate the emotional and cultural affiliation of the people of J&K with the rest of the country. Kashmir was a part and parcel of Bharata long before Kanishka rule. King Kanishka himself visited Kashmir and Kabul to promote emotional integration of Patliputra (Bharata) with Kashmir long before Christian era. The people of J&K rejected two-nation theory propounded by the colonial rulers (Britain) and promoted to England base lawyer Mohd. Ali Jinnah with the sole mischief to keep the sub-continent aflame.
Dr. Ambedkar, the Chairman of the Constitution Drafting Committee had in his opinion pointed out that insertion of draconian provisions in Article 370 in the Constitution of India shall prove counter-productive. The hawks in the Congress including Nehru rejected Ambedkar's opinion and dealt a blow to the national integration vis-à-vis Jammu and Kashmir by enacting Article 370 with a strong mandate that Parliament shall have no competence to interfere with the legislative process in J&K. The President of India was transferred the powers that the British viceroy used to exercise.
The tragedy started for the people of J&K that the Constitution which was applicable to the State during the time of Maharaja Hari Singh was also denied. The new Constitution in J&K was brought in without having a single fundamental right. The Constitution of India was not extended to J&K nor even the Indian Flag. People of J&K were loaded with the Flag of National Conference by adding three strips on its corner. Till this day the Constitution of J&K which alone is applicable in J&K has neither fundamental rights nor any freedom or freedoms as are available in the Constitution of India. The Parliament has abandoned its authority to legislate in respect of J&K. This was the reason that delimitation of Assembly & Lok Sabha constituencies was not allowed by the Govt. of J&K after the census was held in 2001. Ironically, it is only state of J&K where word, 'secular' and 'democratic' have been kept out in the Constitution.
There are about 100,000 refugees, including their descendents, who migrated from newly created Pakistan in 1947. They have remained denied of any fundamental, civil or political right. The migrants, their children and grandchildren who were born in J&K have also been treated as trespassers. They have no right to seek entry to government schools in J&K nor they are allowed to be recruited in government jobs. They have been used rather misused by both the national parties, Congress and BJP as their vote banks. The human beings are suffering only for the reason that they belong to a fraternity which does not suit the so-called religious philosophy of the ruling clique. On the other hand, about 500,000 residents of J&K forced to migrate from POK in 1947, in 1965 and again in 1971 under the threat of liquidation. They have multiplied to nearly 11 lacs today yet there is no scheme or project for their rehabilitation in J&K. They are being forced to settle outside J&K. The Pakistani refugees who came and settled in India in 1947 or after were rehabilitated and settled in different parts of the country. Among them, two refugees who had migrated from Pakistan in 1947 became Prime Ministers of India. It was Mr. I.K. Gujral and now the present Prime Minister, Dr. Manmohan Singh is the living example. What is the fate of nearly 100,000 Pakistani refugees who were lawfully settled by Sheikh Abdullah's administration in 1948 in J&K and the POK refugees who were forced to leave their homes in POK to save their lives. They have been asking for comprehensive settlement for the past 60 years. The fundamental rights which an Indian has been enjoying or not extended to the citizens of India residing in J&K. Both the Congress and the BJP leaders shall be held responsible by the history someday.
Over one billions people shall be celebrating 64th Republic Day on 26th January, 2013. No doubt the authoritarian government in J&K shall be hoisting tri-colour at the summer capital, Srinagar and winter capital, Jammu to bluff the nation. The tri-colour flag shall remain hoisted as long as the parade continues. The people of J&K shall certainly joined the celebration but question remains what is the relationship of the people with the Constitution of India and its Flag. The people of J&K had a choice yet they chose India, its Constitution and Flag rejecting the two-nation theory of Mohd. Ali Jinnah. The people of J&K have committed to secularism and democracy. The people under no circumstances shall accept the dynasty rule and discrimination. The only way out is let all the fundamental rights guaranteed under Constitution of India be extended to the entire State of J&K. Let there be tri-colour hoisting throughout the state which the people cherish to do provided the Parliament of India demonstrates its courage and determination to allow the people of J&K to share the fruits of democracy and rule of law with the people of J&K who have remained denied of the Indian Constitution and its Flag. |
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