1/n A quick primer on the Kashmir issue, addressing the common questions raised by the “left” “liberal” gang. This is Twitter friendly so brevity over elaborate explanations. Q – What about the plebiscite per UN referendum? A – The UN referendum # 39, was passed in 1948.
2/n Art 370 and 35 A were promulgated in 1954. 6 years after, hence UN resolution has NOTHING to do with Art 370 / 35A. Additionally the UN resolution is in itself very clear. It is a sequential process, Step1–Pakis withdraw troops from PoK > (2) India withdraws > (3) Referendum
3/n 35A that bans outsiders from settling in J&K was not a new law, the Maharaja had gotten the British to agree to this as he felt that with the climate of Kashmir being what it is, it will be flooded by Britishers and Princes of India. This was never a formal agreement though
4/n India became a republic, J&K was subject to the same constitution the rest of India follows, but in 1952 Kashmir and Indian govt met&the Delhi agreement of 52 was hashed out. https://www.satp.org/satporgtp/countries/india/states/jandk/documents/papers/delhi_agreement_1952.htm
5/n The basic argument of the Kashmir govt was not demographic change, Kashmiriyat and all that nonsense, it argued that the Maharaja signed the instrument of accession under which the roles of the Centre and state were discussed and divided & these would now remain the same
6/n One key change was that in the rest of India, the CM and his cabinet are appointed by the President (via his agent, the Governor), in the case of Kashmir, the President would be given a fait accompli and whoever the state legislature chose, would be appointed
7/n This was an interesting twist as it still acknowledged the primacy of the President but put the state legislature on an even plane. Another interesting twist was that the SC of India was only given an appellate jurisdiction over the state judicial board
8/n As you can see, the Delhi agreement had nothing to do with land or demographic change or anything. One important thing is that all this was under the constituent assembly, not the legislative. That is, this was the body chosen to create the constitution of J&K, this is very important
9/n Now comes the contentious parts, the outcome of the Delhi agreement was made law not by an act of parliament but by presidential decree! The parliament was totally bypassed. 35A was later introduced in 1954 as another act via presidential decree 10/n 35a is the law which prohibits non Kashmiris from buying land in Kashmir, the infamous demographic change law. Note that there was never any discussion in parliament or in the state assembly, Nehru & Abdulla simply decided and Nehru got his pet president to issue the orders
11/n This then brings into question the very constitutional validity of the law in the first place. Even then, Ladakhi Buddhists, Jammu Praja party (Hindu party) opposed these moves tooth and nail but were sidelined…so much for secularism and democracy
12/n That bit about the constituent assembly? Yeah, it is important because these laws were EXPLICITLY temporary. To prevent any demographic influx that would affect the framing of the constitution. These were to be disbanded entirely once J&K adopted its constitution.
13/n The second key bit? Powers to abrogate the law were given only to this constituent assembly. Now comes a quirk of the law (planned or not, I don’t know), this assembly then dissolved itself but they never abrogated this law, thus leaving it in limbo
14/n Whenever any argument was made to remove this law was made, the response was that the constitution gives these rights only to the constituent assembly, but then you will ask, the constituent assembly does not exist, well in that case
15/n When the sun rises in the west and sets in the east. When the seas go dry and mountains blow in the wind like leaves. When your womb quickens again, and you bear a living child. Then he will return, and not before.” Is when the law will be abrogated
16/n The law in itself is a disgustingly discriminatory law. Women are disinherited from property per Islamic law, Hindu manual scavengers are threatened with having their statehood stripped if they change their jobs (of cleaning cesspits), even after 3 Talaq was banned,
17/n it would have been applicable in J&K! In addition to this, the fact is this was always meant to be a timebound law with an expiry but a legal quirk made it permanent and vested interests kept it that way…till now.
18/n You should know that for all the hate Kashmiris pour on India, Kashmir gets the highest per capita allocation of funds from centre. It gets 10% of the central funds with 1% of the pop and even here the majority goes to Kashmir valley and not to Ladakh and very less to Jammu
19/19 J&K, esp the valley needs to import everything from its food on & central funding forms 60% of its budget (iirc), thus everything from roads to electricity comes from the Indian state. No India and Kashmir valley will starve and be in literal darkness. So much for gratitude
Submitted August 06, 2019 at 04:39PM by RajaRajaC https://ift.tt/2ZDa6KP
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