Reasons that compelled Parliament to pass Jammu and Kashmir, Reorganisation Act 2019

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-Sanjay Raina

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It is rightly said that one can satisfy the need of every individual but not the greed of every being. And also beautifully quotes, power corrupts, and absolute power corrupts so the story of the erstwhile state of Jammu and Kashmir.
Right from the very beginning, i.e. October 26, 1947, the day of accession with Union of India, the game with conditions enshrined in the Instrument of accession had been played.
Moreover when Sheikh Abdullah took over reigns of power from Maharaja Hari Singh at the behest of Pt. Jawhar Lal Nehru, the then pm of India, started bargaining with the Union of India based on Instrument of accession signed by the Maharaja Hari Singh wherein Govt. India had power in the following affairs only: Defence, Foreign Affairs, currency, communication, trade with foreign countries etc. Which are part of the union list, consequent upon this
In Exercise of the powers by Article 370(1), sub cl.2 the president of India issued the constitution (application to Jammu and Kashmir order 1950.
Similarly, Delhi Agreement of 1952 was made between the erstwhile state of Jammu and Kashmir and central Government wherein matters contained in Instrument of accession come under the domain of Parliament of India and the central Government in rest of the matters erstwhile state would act like a sovereign. With this background, the then pm sheikh Mohd. Abdullah of the erstwhile state of Jammu and Kashmir came out with enactment known as Big Landed Estates Abolition Act of 1950.where in landowners were deprived of their landholdings in the name of land reforms. It is pertinent to mention here that vast chunks of land were with the Hindus and were allowed to keep only 182 kanals of land only with them, rest of the land was either given to Muslim tillers or escheated to the state, thus sowed the seeds of discrimination and secession. The Hindu minority represented their cause to the then central Government but in vain.
The purpose of the Big landed abolition Act was to empower Muslim majority and use them as a vote bank for future and force silent migration of Hindus from the state. Emboldened by this act another act was passed in 1976 known as Agrarian Reforms Act of 1976where in again ceiling area of land was brought down to twelve and a half standard acre which the owners can retain only if they are in personal cultivation in Kharif 1971. Otherwise, the land will be escheated to state or will be given to tillers thus depriving the owners further from their land holdings to benefit the majority community and further marginalising the minority Hindus to flee from the state.
The Erstwhile State Govt. Jammu and Kashmir did not stop here only, in 1978 passed Wakfs Act. Section 3cl. 3 empowers the state Govt. to donate or give any parcel of land to walk board, another favour for vote bank politics. SRO 320of 1985 dated August 31, 1985, is an eye-opener wherein a massive chunk of govt. The land was shown as allotted to Auquaf Islamia not to talk of land even functional institutions of the Government are established allotted under different khasra numbers. These allotments were made clandestinely by floating all the norms to appease a particular community in the entire state.
Forest reserves of govt. Were looted and plundered by successive political dispensations who so ever came in power. Forest land in lakhs of acres stands illegally allotted with the connivance of Revenue Authorities.
Finally, the big jolt for which the valley-based politicians and political spectrum enacted all the drama was executed in January 1990 wherein lakhs of Kashmiri Hindus were forced to leave their homes and hearths from the vale of Kashmir, the land of their ancestors, the world hub of shavism due to the pressure of Jihadis, the only fault of Kashmiri pandits was that they taught and educated the rustic and unlettered Kashmiri Muslims. As the Kashmiri Hindus were nationalist and believed in democratic India.
During this mass exodus thousands of Kashmiri Hindus were killed, hundreds of women were raped and brutally murdered, and property worth billions were looted or burnt by the perpetrators of violence with the active connivance of the then state government. To all these acts, the central Government of India was a silent spectator and did not come at the rescue of Nationalist forces. The Autonomy plank of the National Conference, the self-rule boggy of PDP and confused policies of Congress created the great mess in the already turbulent and chaotic milieu of Kashmir.
Subsequently, the Shariat Act was passed under the pressure of Muslim clergy as if to make Jammu and Kashmir as a theocratic state. The Roshni Act was passed to legalise the illegal allotments made to influential politicians, bureaucrats etc. Of state land and forest land,
Kashmiri political spectrum exploited the Jammu region as its colony and tried to change the demography of the region through illegal allotments to land mafia and then the sale of that land to Muslims and to a greater extent the demography of Jammu has been changed. The J&K Government also allowed the Rongai Muslims to settle in Jammu to affect the population proportion; all these developments were allowed by the JK government by taking advantage of special status.
The political spectrum of Kashmir exploited Art 370 and Art. 35-A to the hilt and blackmailed the successive central governments into procuring 90percent aid and 10 percent loan. In the last more than seven decades the plight of the J&K remained almost the same, the funds provided by the Central Government. Were never utilised properly, money in enormous proportions were either looted by the political class or wasted on non-feasible govt. Projects. Because of ill planning and lack of vision, J&K failed to cope with other Indian states.Art.370 and Art-35A were stumbling blocks in the way of Development of J and K and also in the free flow of different provisions of Indian constitution along with welfare schemes. These articles cultivated a sense of separatism and secession among common masses, and the political bosses enjoyed absolute power like a monarch and were almost non-accountable.
Thus the removal of these articles became imperative for central Government to sort out the mess caused by a political spectrum of Kashmir valley and other secessionist forces backed by China and Pakistan, the fundamentalist and the Jihadis wanted to carve out another Muslim state with aid and support of Govt. of India. There was hardly any rule of law; anti-national forces were Scot free, clergy would vomit venom on every Friday and occasions of festivals. The state government was a mute spectator instead had tacit consent for all these happenings.
The state government did not allow the arm forces to conduct swift and free operations against Pak sponsored militants. There was direct interference from the political bosses. Armed Forces were reduced to non-entities, and it was very difficult for Armed Forces to combat in such a situation where there was too much political intervention. In greed for political power, bosses kept the national interest at stake and did all that which brought power and wealth to them.
The valley based politicians allege that Government of India betrayed the people of the erstwhile state of Jammu and Kashmir by bringing Jammu and Kashmir state reorganisation Act 2019.
The answer to their allegations is as under:
  • J&K had its state subject law. By it you did not allow any Indian to buy land or get a job in the state or settle down. But you kicked out your ancestors the Aborigine natives Kashmiri pandits from the valley to make Kashmir as an Islamic state
  •  J&K had its flag along with the Indian flag. But you started hoisting Pakistani and ISI Flag
  •  J&K had its constitution
But you started burning Indian constitution which empowered your constitution.
Everything was fine, and you enjoyed every privilege under Indian loose Democratic setup till you started raising slogans openly for separation and secession from the Union at the behest of Pakistan. Tell me who breached the agreement?
By removing these discriminatory articles, the Government of India is again giving you an opportunity to be a normal citizen of India as we all are with equal rights, I may tell you openly, Kashmir will remain an integral part of India as it was since time immemorial with or without Kashmiri Muslims. No govt. The world can permit its citizens to go against the nation's interest and allow secessionist forces to grow and move Scot free as had happened in Kashmir. Those who committed the crime against the Kashmiri pandits or security forces are yet not put to justice.
Factors enumerated above are some of the reasons that compelled Indian parliament to pass Jammu and Kashmir, Reorganisation Act 2019 by which the erstwhile state of Jammu and Kashmir has been bifurcated into two Union territories, i.e. Union territory of Jammu and Kashmir and Union territory of Ladakh. This act. of the central Government was widely hailed all over the country. Moreover, by this act of the central Government, the anti-national and secessionist forces are bridled, and their mentors across the border are cautioned and warned and asked to hand over the illegally occupied areas of the erstwhile state of Jammu and Kashmir to India at the earliest otherwise other options are open for Government of India to exercise to retrieve the territory.
(The writer is the President Adivakta Parishad District Poonch)