(This is a reprint from NewsBred).
Indian Express is going to length to find voices which could question the Centre on its fiat on Jammu & Kashmir, notably on constitutional, human rights and its federal-character-under-assault grounds.
Conveniently kept out of view is terrorism, loss of tens of thousands of civilian/army lives and billions of tax-payers money which never reached the commoners of the troubled state.
The newspaper doesn’t have a stance on the exodus of Kashmiri Pandits, that minorities were discriminated against in the state, that caste reservations was out of bounds; and that 106 Central Laws (Prevention of Corruption Act, Land Acquisition Act, Right to Education Act, National Commission for Minorities Act etc) were rendered lifeless by those who governed the Centre and Srinagar.
Where are people in Indian Express’ discourse? Do we hear from them on Jammu and Ladakh which has bigger area and still bigger population than the Valley? Where are its investigating geniuses who hide from its readers that Kashmir Valley gets more financial allocation that what Jammu and Ladakh divisions, put together, are provided for? Why it escapes them that the per-capita subsidy to J & K is 16 times more than West Bengal and 12 times more than Bihar?
In its’ Sunday’s edition today (September 1, 2019), Indian Express has flushed out a Supreme Court lawyer Aman Hingorani who turned a doctoral research into a book (Unravelling the Kashmir Knot) and now has an entire page dedicated to his discourse to the crème da la crème of the Capital on the Constitutional heist which the Modi government has pulled off in J & K. The newspaper takes Hingorani’s discourse on a page they pompously call “Explained”. The man himself is preening to his audience that at the end of his discourse, they would realize the futility of Centre’s move. (You dumbs, here I am to get you rid of your ignorance).
I am not sure if it was an interactive session or Hingorani’s monologue. But since Express claims the session was meant to benefit its’ readers, I as one of its most long-lasting consumer, have a few questions for Hingorani and I hope they are not inconvenient enough to be ducked by both the newspaper and the “star” it has peddled today.
HINGORANI: The Accession terms were the same in J & K as it was for other princely states. But while other princely states merged their territory into India, Jammu and Kashmir refused to do so…
Question: Please avoid the misinformation that all other princely states had merged their territory into India. Junagadh and Hyderabad hadn’t. They were intransigent compared to a prostrated Maharaja Hari Singh of J & K. But while Junagadh and Hyderabad succumbed to India’s military pressure, J & K was allowed to dictate terms.
Now how did that happen? Was it because Junagadh and Hyderabad were managed by Sardar Patel while J & K was left to be Pt. Nehru’s toy? Your turn Mr Hingorani.
HINGORANI: Article 370 had been emptied long ago…It had never come in the way of New Delhi dealing with the state in the way it wanted to deal with the state.
Question: Article 370 was the stepping stone on which Article 35 and 1954 Presidential Order were later added. It allowed J & K to have a separate constitution, a state flag and autonomy over the internal region of Kashmir. It allowed the state government to discriminate against Hindu and Sikhs who migrated at Partition; against Valmikis of Punjab whom they lured with the promise of citizenship but never delivered.
Article 370 makes a mockery of Article 14 which guarantees equality before the law and the principles of liberty. As we know, not everyone living in J & K could vote in the election to the state assembly. Further, Article 15 prohibits discrimination on the basis of religion, caste, sex, place of birth or race etc.
So Mr Hingorani, could you please revisit your position in light of the facts obscured in your discourse?
HINGORANI: Many states have restrictions on people buying land, what’s so special about it (Article 370)?
Question: Let me rephrase this question and see Mr Hingorani what’s your response: Which are other states where a woman, if she marries outside her state, is denied rights over land? Ok, here’s a dollop of escape route I let you have: Just name one state.
HINGORANI: India can’t go to United Nations and then say (Kashmir) is an internal issue…
Question: So Mr Hingorani, what did United Nations do when Pakistan not only occupied a part of Kashmir but also later ceded 20% of the entire area, Gilgit-Baltistan etc, to China? What right Pakistan has on the area of Kashmir it has illegally occupied? What rights Pakistan has of ceding Kashmir to China which has no claim over the territory? Did they take the route of people’s referendum? Was there any instrument of accession signed that you are so fond of quoting? Hasn’t United Nations become irrelevant on Kashmir? If it hasn’t, then why didn’t United Nations make any noise after India’s move this month: That wait, this matter is under us, and India can’t decide on its own on J & K?
HINGORANI: Presidential Rule is an emergency provision. It is not meant for taking far-reaching decisions…
Question: And you think 70 years spent in the quagmire still doesn’t confer an emergency-status to J & K. If the application of President’s Rule now is a travesty of justice, what would you say to the Presidential Order of 1954? Does our constitution bind the President not to take such a decision? If it doesn’t, what’s your gripe?
HINGORANI: Can you use emergency provisions to dismember and destroy the identity of a state?
Question: You call it dismembering of state but not question the latter which had no time for Ladakh. You would call it destruction of identity of state but would make no mention that how come Kashmir Valley, with lesser population and lesser area, had 46 assembly seats to Jammu’s 37 in the state assembly. Isn’t it a stolen identity? Who did it? Didn’t it allow Muftis and Abdullahs perpetuity in power? Was it subversion or empowerment of democracy?
It’s important we interject when our newspapers peddle a one-sided warped discourse. It’s certainly not neutral or unbiased. It’s easy to hide behind the cloak that it’s a writer’s own personal view. But when none of your editorials present any piece which speaks for Kashmiri Pandits, minorities, deprivation of central laws or the welfare of SC-STs in J & K or even question why after 70 years the lot of Kashmiris haven’t improved, then it’s legitimate to ask: Who are you speaking for?
(This is a reprint from NewsBred).
Centre has rushed tens of thousands of paramilitary forces to Assam lest violence breaks out in the north-eastern state after the second draft of National Register of Citizens (NRC) is released on July 30.
The first draft had embraced 1.9 crores out of 3.9 crores as legal citizens of the state. The second draft could take care of a few lakhs more. But what’s certain is that there would be many lakhs more who won’t have the papers to meet the cut-off date of March 24, 1971.
A majority of them are persecuted Hindus fleeing Bangladesh: informed sources put it to over 11 million Hindus between 1964 and 2013. There is also no insignificant numbers of economically-motivated Muslim migrants over decades.
Most have moved directly across the vast 272 km border which Assam shares with Bangladesh. Some have come from West Bengal. Being termed illegal overnight could’ve serious law and order consequences though home minister Rajnath Singh has stressed “it’s just a draft” and nobody is going into a “detention centre.”
Census figures over the years show that Assam’s population exploded by 36 per cent between 1951-1961; and by 35% over the next decade. In 2011 Census, it’s population was 31.2 million which was a 17.1% rise from 2001 figures. Most migrants are Bengali-speaking and Barak Valley is their stronghold. The Assamese-speaking population of the state are rooted in Brahmaputra Valley.
NRC is hardly a comfort to (a) an illegal Hindu migrant family who fears being sent back to Bangladesh where it fled religious persecution in the first place; or (b) Muslim migrants who in one stroke could find two of its generation stateless refugees; or (c) even indigenous Assamese who know NRC would make no difference to ground reality and that these illegal immigrants would multiply manifold if the Citizenship Bill 2016 is passed into an Act.
All things point to nothing materially changing for illegal migrants post release of second draft of NRC. One, India doesn’t have an agreement with Bangladesh in place (our eastern neighbours don’t even acknowledge influx of illegal migrants from its stable); Two, a porous border allows an extradited illegal migrant to return without hassle; Three, many lakhs of illegal immigrants are already spread all over the country, especially in metropolis such as Delhi, Bangalore and Mumbai. Who keeps tab on them?
It’s worth remembering that the present exercise of NRC is at the behest of Supreme Court. The Centre has got nothing to do with it. BJP can’t abandon illegal Hindu migrants—which would be a stick they would be beaten with– nor antagonize local Assamese who have given vote in their favour in 2016 assembly elections.
This makes nobody happy. Certainly not people. But Congress is sure to fish in troubled waters which is largely a making of their own indifference, if not mischief. Congress has ruled Assam for decades and benefited immensely from the political umbrella it provided to illegal Bangladeshi immigrants. Despite then-PM Rajiv Gandhi signing the 1985 accord with leaders of the Assam movement, it remains an embarrassing fact for the party that only 2442 illegal immigrants were expelled from Assam between 1985-2012.
Not to forget TMC and its head, West Bengal Chief Minister Mamata Banerjee who is already stoking the fire in Assam from her den in order to appease illegal migrants in her own state who arguably are her vote bank; or Left which in the past sabotaged one such move by Shiv Sena-BJP combine in Maharashtra to deport illegal Bangladeshis in 1998.
Sooner than later though, illegal migrants must be taken off the election rolls; ways must be found to give refuge to millions of fleeing Hindus (and other Indic minority sects) from Afghanistan, Pakistan and Bangladesh with full citizenship status (without worrying about Rohingyas or Human Right Activists—for Hindus have only India to turn to while Muslims and Christians have dozens of own doors to knock around the world); and illegal migrants legally committed not to indulge in political or religious subversive acts.