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| Minority in Jammu & Kashmir? | | | Ramesh Arora (Adv.) | 11/2/2010 11:06:32 PM |
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We are living in a democratic state and the government is elected by majority vote. It is not a theocratic state. India and this part of India is a secular state. Basic feature of the constitution of India and that of our state, Jammu and Kashmir says, that government will not have any religion.
Justice, liberty, equality and fraternity remained basic ingridents and object to be achieved. Constitution of India after 42nd Amendment Act 1976 adopted the words “sovereignty socialist secular democratic republic in preamble in stead of words sovereign democratic republic”. This basic spirit remained same in the constitution of Jammu and Kashmir also. Although word secular was not added in preamble of the state constitution, when a member of JKNPP proposed amendment to this extent. But it does not effect the basic secular character of the state.
Hence, state religion formula was rejected by state of Jammu and Kashmir and Centre government also. Even otherwise also democracy can not grow in a theocratic state.
Different Article were in corporated in state constitution also, to protect right to freedom of religion i.e. freedom of conscience and free profession, practice and progagation of religion.
So that Every religion can grow in a free atmosphere, with out interfering into the faith of other religion. Although in Indian constitution, and state constitution these in no express provisions similar to that in the Ist Amendment of American constitution prohabiting the establishment of a religion by law.
But the fact remain that right of minorities to establish and administer educational institution was rcognized under Article-30 of Indian constitution and in a similar manner state has also not deviated from this basic thought while framing constitution.
That is why in Jammu and Kashmir, Batra Medical College was established in Jammu as Hindu Minority institution.
Majority is supposed to behave as elder brother and is bound to protect the rights of minority so that minority can grow in a good relationship and healthy atmoshpere.
Defination of majority is a difficult subject. RSS school of thought consider that Hindu word is related to India and Bharat. All residing in a particular area will constitute Hindu. They further consider that Hindu is way of life and religion is not appropriate word for it. Not only RSS but Hon’ble Supreme Court of India define the word Hindu in same context and considered as way of life developed in India.
But in normal practice and for the sake of understanding, the minority and majority concept are using the word Hindu majority with respect to Indian states including Jammu and Kashmir.
Every body is aware that in India Hindus are in majority and Muslim, Jew, Parisan Christians are in minority. But this defination is not applicable to state of Jammu and Kashmir.
In state of Jammu and Kashmir Muslim are in majority and Hindus are in minority.
In India every body is aware about the status of Hindus. Hindus are in majority and Muslim, Christian, Jews, Parsian and other are in Minority.
It is also admitted fact when we will try to pin point majority and minority in a particular state. Some may be in majority in a state but may be in minority in other state. Special insentives are also announced by formulating different schemes by the Centre as well the state government for minority community.
Kashmir Pandits are Hindus but they have represented in United Nation and in other international forums and a word was used for them “Reverse Minority” that majority may become minority in state or country.
Although Indian constitution as well as state do not recognize the word reverse minority. But at the same time Indian constitution and constitution applicable in state have recognized the ward minority.
In Pubjab Sikhs are in majority and this fact is also confirmed in different judgements. Hence could not get the benefits extended to minorities of a state.
But in India Sikhs gets the benefits of minority under different schemes and programmes.
Constitution of India under Articles-29 have given special protection to minorities. But anology is not applicable in our state and we can not say by any streach of imagination that Muslim are in minority in state of Jammu and Kashmir.
It was admitted by Maharaja Hari Singh in Round Table Conference, that although state of J&K is Muslim majority state and the rular is Hindu but there is peace and communal harmony is state of Jammu and Kashmir.
The British government could not digest it and a game plane was prepared and Muslim conference came into existance in our state and Sheikh Mohd. Abdullah was encouraged to get lead. Latter on this Muslim Conference was changed into National Conference by nomenclature and not in action.
In 1979 a delegation lead by author also met with Sheikh Mohd. Abdullah at his residence/office at Wazarat road Jammu and requested him not to stop/close the Ayurvedic college. Sheikh Mohd. Abdullah said that Unani College was closed in Kashmir and it is only Muslim majority state and I have to watch the interest of Muslim. Hence, I have requested centre government to provide sufficient funds and in case same is not done I can not allow Ayurvedic College to function. Although it is also admitted fact that in this year again Ayurvedic College have started functioning. This may have been possible due to 2008 agitation in Jammu because a warning signal was sent by that unprecedented agitation that Jammu have the capacity to react irrespective of Party affilation.
Although this movement got set back when L.K. Sharma fought election under the symbol of BJP. People have lost faith on the independent character of agitating leaders.
This important issue do not get proper attention of public, political leaders and parties. Although it is not disputed that Muslim are in majority in state of Jammu and Kashmir it is evident from all figure work.
Recently scholarship for different students and other insentives were announced by Social Welfare Department for minority Muslim community. Whether they are in minority ?
But to utter surprise all benefits were extended to Muslim, and few to Sikhs considering them as minority. whether Muslim are in minority in the state? They have adopted the defination applicable to rest of India. It is not because they want to adopt all laws applicable to India. They wanted to carry on their appeasement policy. We may call it as communal policy or a step to wards theocratic state.
Political leaders that may be from NC, Congress or PDP who have ruled the state from time to time have to explain to public why benefits ment for minority are extended to majority community. What justification can be given for carrying on this policy, which is against the basic sprit of the constitution. Thus legislative assembly is rquired to redefine the defination of majority and minority in our state. Because we can not allow some body to take benefit of minorities.
Infact in J&K 27% people are Kashmir speaking there are pahari, gujjar, bakerwal, gaddi but Kashmir speaking wants to dominate the political scence of the state.
Not only this few have caused migrations of Hindus from Kashmir and wants to carry on their domination on communal and regional lines. That is why Central University was granted to J&K state and it was decided to establish at Jammu. Omar Abdullah left no stone unturned in getting one more Central University in Kashmir also. although pople understood loss suffered by J&K when Centre government announced another CU in Kashmir but IMI College was withdrawn.
All should get United to redefine the minority in state and this unity is to be reflected by all political parties and their elected representatives in order to do Justice to actual minority. Jammu based leadership have to pass this acid test.
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