Jammu

Indian Express unearths new “star” to peddle agenda on J & K

(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?

 

Now Jammu, and not Kashmir Valley, would call the shots

(This is a reprint from NewsBred).

The game and set are already with the Bharatiya Janata Party vis-à-vis Jammu and Kashmir but the match would be truly over when the delimitation exercise kicks in.

The chances are it would happen in double quick time as the Centre has decided to set up a delimitation commission which would loosen the unethical hold of Valley’s political parties over the entire erstwhile state and disallow them from punching above their weight.

The shenanigans of unscrupulous Congress and Abdullah dynasty had carved up the erstwhile state, now a union territory, terribly tilted in favour of Kashmir Valley even though in size and density Jammu had a far larger claim to presence in the legislative assembly.

Out of 87 seats in the assembly, 46 were reserved for Kashmir region and 37 for Jammu (Ladakh had the other four seats). No wonder Abdullahs and Muftis, due to their clout in the Valley, controlled the levers of the troublesome region

This of course is historical injustice. Dogras (Jammu) have dominated the region historically. Dogra ruler Maharaja Gulab Singh amassed a state bigger than left behind by Maharaja Ranjit Singh, a Sikh ruler in the 19th century. Till 1941, Hindus in Jammu numbered Muslims in Kashmir Valley.

However, Kashmir changed forever once Pt. Jawaharlal Nehru and Sheikh Abdullah rose to power simultaneously in Delhi and Srinagar. Nehru afforded Abdullah a free run. Abdullah arbitrarily allocated 75 assembly seats in the 1951 state assembly between Kashmir Valley (43), Jammu (30) and Ladakh (2). There was no population data but just his whim to guide Abdullah.

Jammu and Kashmir had changed forever.

Abdullah’s son, Farooq, made it worse. His father had constituted the Delimitation Commission which had further increased Kashmir’s representation to 46 seats, as against 37 to Jammu. Farooq amended the Section 47 of the Jammu & Kashmir constitution in 2002 under which no addition or alteration of constituencies could take place up to 2026.

Game, set and match over. Or so they thought.

Modi has now abrogated Article 370 and 35A and bifurcated the erstwhile J and K state into two union terrirotry, J & K and Ladakh. The one of J & K though would still have a legislative assembly and if the present arrangement is allowed to remain, the PDPs and NCs would still control the valley and call the shots.

But now the J and K Reorganisation Bill, 2019 would remove the anomaly. The strength of assembly was 107 (24 being earmarked for Pakistan-occupied Kashmir) which would now become 114 after the delimitation exercise is carried out. The new Union Territory will also have reservation for the Scheduled Castes and Scheduled Tribes in the legislative assembly.

Once the delimitation kicks in, the ascendency of Jammu is inevitable. It already has more area than Kashmir Valley. It has more people in some constituencies than Valley has in two. (For instance, two constituencies in Srinagar City has nearly 50,000 less electorates than in single constituency of Gandhi Nagar in Jammu region. Same would be the case with Jammu City East seat).

Once this happens, everything would flow from the ballot and not from the bullet. Just imagine the scenarios below:

  • Lakhs of Gujjars, Bakerwals, Gaddies–around 11 per cent of the state’s population—don’t have any reserve seat in the Valley even though they were given Scheduled Tribe (ST) status way back in 1991. The seven reserved seats for ST—Chamb, Domana, Ranbir Singh Pura, Samba, Hiranagar, Chenani and Ramban in Jammu, Kathua and Udhampur district–are all in Jammu region and have stayed stationery since 1996, never ever rotated to Kashmir Valley;
  • A secure Kashmir would be such a powerful bulwark against Pakistan and its’ ISI, not to say a leverage which would come handy against China;
  • If terrorists are throttled, Jihadi organizations such as Islamic State (IS) and Al Qaeda, not to say Lashkar-e-Taiba and Jaish-e-Mohammed—and its leaders such as Hafiz Saeed and Masood Azhar—would be neutralized.
  • Safer borders means lesser martyred soldiers. A buoyant and not a demoralized force. It would also free up India’s security apparatus. Men and money both could be saved.

The delimitation commission would table in its recommendations to the Centre with regard to the number of assembly constituencies only. The number of Lok Sabha seats—three to Kashmir Valley and two to Jammu—can’t be altered as Parliament had passed a law freezing it till 2026.

 

 

Delimitation: Amit Shah set to make early moves in Kashmir Valley

(This is a reprint from NewsBred).

Delhi has little control in Kashmir Valley. Out of 87 seats in assembly, 46 are reserved for Kashmir region and 37 for Jammu (Ladakh has the other four seats). No wonder Abdullahs and Muftis, due to their clout in the Valley, control the levers of power in the troublesome state of Jammu & Kashmir.

This of course is historical injustice. Dogras (Jammu) have dominated the region historically. Dogra ruler Maharaja Gulab Singh amassed a state bigger than left behind by Maharaja Ranjit Singh, a Sikh ruler in the 19th century. Till 1941, Hindus in Jammu numbered more than Muslims in Kashmir Valley.

However, Kashmir changed forever once Pt. Jawaharlal Nehru and Sheikh Abdullah rose to power simultaneously in Delhi and Srinagar. Nehru afforded Abdullah a free run. Abdullah arbitrarily allocated 75 assembly seats in the 1951 state assembly between Kashmir Valley (43), Jammu (30) and Ladakh (2). There was no population data but just his whim to guide Abdullah.

Jammu and Kashmir had changed forever.

Abdullah’s son, Farooq, made it worse. His father had constituted the Delimitation Commission which had further increased Kashmir’s representation to 46 seats, as against 37 to Jammu. Farooq amended the Section 47 of the Jammu & Kashmir constitution in 2002 under which no addition or alteration of constituencies could take place up to 2026.

Game, set and match over.

Fast forward to present times. Modi 2.0 is in place. His party BJP rose to power, among others, on the promise of abrogation of Article 370 and 35A in its manifesto. Nationalism and his tough stance on separatist forces in Jammu & Kashmir, and their masters in Pakistan, reflected in Balakot surgical strike, helped him win the 2019 mandate with a staggering majority.

In people’s mind, Modi’s success or failure in his second tenure would be judged by what he does with Kashmir. The appointment of hard-nosed Amit Shah as home minister is an early signal. If Kashmir is settled, Modi would’ve earned the nation’s gratitude for centuries to come. He would be the favourite child of India’s history.

Modi has made his first move within hours into his second term. Amit Shah is positioned as home minister. Shah too has lost little time: He already has held a detailed closed-door discussion with Satya Pal Malik, governor of Jammu and Kashmir. The state is presently in its second year under the President’s rule. (Legally, President’s rule is tenable for three years at the most).

The rumour is abuzz that delimitation in Jammu & Kashmir could happen soon. Petitions are being written to the President of India. Now that the power of J & K assembly is vested with the President, it’s within his powers to order such a move. A Delimitation Commission could be set up which could redraw the constituencies—and take away the stranglehold which Kashmir Valley has enjoyed over the rest of the state. The freeze till 2026 would go in a jiffy.

This has the separatist forces in the Valley in a flutter. Everyday, Omar Abdullah (NC) and Mehbooba Mufti (PDP) are warning of the consequences if this comes to a pass. Once the freeze is lifted, the ascendency of Jammu is inevitable. It already has more area than Kashmir Valley. It has more people in some constituencies than Valley has in two. (For instance, two constituencies in Srinagar City has nearly 50,000 less electorates than in single constituency of Gandhi Nagar in Jammu region. Same would be the case with Jammu City East seat).

Once this happens, everything would flow from the ballot and not from the bullet. Just imagine the scenarios below:

  • A state under its political control could make BJP do wonders in not just protecting the integrity of the state but also of its soldiers who have died in tens of thousands over the last few decades;
  • Lakhs of Kashmiri Pandits, driven out of Valley by militants, could regain their paradise lost;
  • Lakhs of Gujjars, Bakerwals, Gaddies–around 11 per cent of the state’s population—don’t have any reserve seat in the Valley even though they were given Scheduled Tribe (ST) status way back in 1991. The seven reserved seats for ST—Chamb, Domana, Ranbir Singh Pura, Samba, Hiranagar, Chenani and Ramban in Jammu, Kathua and Udhampur district–are all in Jammu region and have stayed stationery since 1996, never ever rotated to Kashmir Valley).
  • Legislative control in the J & K assembly would make the abrogation of 370 and 35A a child’s play;
  • A secure Kashmir would be such a powerful bulwark against Pakistan and its’ ISI, not to say a leverage which would come handy against China;
  • If terrorists are throttled, Jihadi organizations such as Islamic State (IS) and Al Qaeda, not to say Lashkar-e-Taiba and Jaish-e-Mohammed—and its leaders such as Hafiz Saeed and Masood Azhar—would be neutralized.
  • Safer borders means lesser martyred soldiers. A buoyant and not a demoralized force. It would also free up India’s security apparatus. Men and money both could be saved.

Modi has the mandate. Shah is in the hot chair of home minister. Millions of Indians are looking for askance: Settle Kashmir once for all. This dispensation has a historic opportunity to undo the damage of appeasement to the Valley which India has practised since the accession of Jammu & Kashmir to the Union of India in 1947.