Maharaja Hari Singh
(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).
You are subjected to five essential lies on Jammu and Kashmir. Please use the below Primer if your teenage daughters, coffee friends or a stranger in transit try to shame you on celebrating the new status of Jammu and Kashmir. Who knows, inadvertently, you might be creating new foot soldiers to take on the Break-India forces and its stooge media. So here it is:
Abrogation of Article 370 is illegal:
Article 370 comes under part XXI of the Constitution of India which deals with “Temporary, Transitional and Special Provisions.”
Article 370 was not incorporated when Maharaja Hari Singh signed the instrument of accession on October 26-27, 1947. It came a full two years later in October 1949 at the instance of Sheikh Abdullah, who was a member of the Constituent Assembly that drafted the Constitution.
Indeed, Article 370 became operative only in 1952.
So give a resounding kick in the butt to those who say that Jammu and Kashmir agreed to become a part of India only after it was assured the special protection of Article 370.
A bit of history won’t hurt you either.
India’s law minister, Dr. B.R.Ambedkar was firmly opposed to Article 370. This is what Dr. Ambedkar said to Sheikh Abdullah (as quoted in Dr. BR Ambedkar, Framing of Indian Constitution, by Dr S.N Busi):
“Mr Abdullah, you want India should protect your borders, she should build roads in your area, she should supply you food grains…but you don’t want India and any citizen of India to have any rights in Kashmir…To give consent to this proposal would be treacherous…I cannot betray the interests of my country.”
A full decade on, even Pt. Jawaharlal Nehru was conceding in Parliament on November 27, 1963: “Article 370 is part of certain transitional, provisional arrangements. It’s not a permanent part of the Constitution.”
Next year, a private member’s bill sought the abrogation of Article 370 in the Parliament. It received a near-unanimous support. Prakash Vir Shastri had moved the bill in the Lok Sabha. Among supporters were stalwarts like Ram Manohar Lohia and K. Hanumanthaiya, a senior Congress leader.
Hanumanthaiya had then pointed out that fellow MPs, irrespective of party affiliations, had wanted the abrogation of Article 370 to be made into law. He had said: “To go against or to anything against this unanimous opinion in this House is to disown constitutional responsibility in a convenient manner. Article 370…stands in the way of full integration.”
Out of the 12 MPs who opposed the abrogation of Article 370, seven were from Congress, many of them stalwarts, including Inder J. Malhotra, Sham Lal Saraf, HV Kamath and Bhagwat Jha Azad.
And by the way, how come abrogating Article 370 is illegal when the Bill wa passed by two-thirds in the Rajya Sabha and four-fifths in the Lok Sabha this month?
Who benefitted from Article 370? Obviously, the common people of J& K didn’t. The Shia community, Gujjars, Bakkarwals, Gaddis, other Scheduled Tribes, Scheduled castes and people living in Ladakh and Kargil didn’t. Nor did Kashmiri women who made the mistake of marrying a non-resident and couldn’t purchase or transfer property to their children.
Now, with its abrogation, a total of 106 Central Laws will now be extended to J & K. A load of benefit schemes would come the way of local citizens. Prevention of Corruption Act, Land Acquisition Act, National Commission for Minorities Act, Right to Education Act etc would become applicable.
Why Not Remove Special Status of North-East States Too
This again is an argument forwarded by mischief-makers relying on your ignorance. Tell them that Article 371 (a) to (j) for North Eastern and other states are SPECIAL and not TEMPORARY provisions. That is to protect the development of a particular region for particular tribes. These being special provisions are permanent in nature. They are not temporary as Article 370 was in J & K.
Basic Rights to Kashmiris Are Being Denied:
Restrictions in the form of suspension of internet or even mobile services occur every year in the Valley on Independence Day, Republic Day and Eid for the last 30 years! Durations of these restrictions have been far longer in the past.
Do you know the extent of clampdown in the Valley when it suffered a long spell of violence in 2010? What were the conditions during the long spell of unrest during the Amarnath land agitation in 2008? Why was Farooq Abdullah government (before 1984) was termed as Curfew Government?
Between 1990-1996, the Valley remained under curfew on an average 300 days in a year! It was largely under Governor’s Rule between 1990-1996.
Was it not a clampdown in the Valley when Mobiles were introduced in India in 1990s but not in Jammu and Kashmir? (It came about only in 2003 under the Atal Behari Vajpayee government).
Why was there no outcry then?
Now let’s look at the ground conditions in Jammu and Kashmir at this very moment. Activist Rahul Pandita spent 10 days in the Valley after the abrogation of Article 370 and this is what he wrote in Times of India this Sunday:
“I went around in a small car with a local number. I had no curfew pass. There were barricades but security forces could be convinced to let go, as we did several times.
“District Commissioner Srinagar had issued 161 passes to local journalists (while you kept hearing on your TV sets that journalists were unable to go anywhere).
“On Eid (no less), the government took more than 60 journalists on a chopper ride over Srinagar. (Despite stringent restrictions, many reached their neighbourhood mosques).
“Security was totally removed from downtown Srinagar between 4-7 p.m. Boys came out, they painted a little graffiti, but they did not indulge in clashes (Hey, BBC and Reuters, read that).
“Spoke to cross-section, families of policemen, from Shia community and other silent ones who say they are ok with Article 370 abrogation.”
Political Arrests Are Unprecedented:
A reality check.
Sheikh Abdullah was in prison for more than a decade. And he wasn’t under house arrest like the present Valley leaders are. He was packed away to Kodaikanal not by Modi but by Pt. Nehru.
Shyama Prasad Mookerjee was kept under house arrest for 44 days without any chargesheet or FIR in Kashmir Valley. Have you heard of any outcry of human rights violations on Mookerjee?
And what’s the definition of these political leaders of Kashmir Valley who thrive on elections which see only a sample of 8-10 per cent voters’ turnout? It allows them to make it to the Lok Sabha, to the state assembly, to form state governments, generation after generation, to perpetuate their dynastic rule?
And if so upset by political detentions, shed a tear for those who are detained in Jammu too!
Demography would change; Kashmiri culture would vanish
Well, when lakhs of Kashmiri Pandits were driven out of Valley on gunpoint, the demography change didn’t matter to the champions of these pseudo-seculars.
(Ironically, when Assam is trying to weed out the outsiders to save the local, indigenous culture, these pseudo-seculars are in support of the infiltrators. So guys, make up your mind: You can’t be resisting outsiders in one state and supporting outsiders in another!).
Does Kashmiri culture imply that they remain in a state of poverty and unemployment generation after generation? Isn’t the aspiration of a largely young population—70 per cent are below 40— is for real? Don’t they know that every year, in the civil services exam, you have a topper or someone in the Top 20 from the Valley? That about 30-40 Class 12 pass-outs from terror-affected districts qualify in the IIT-JEE exams. That at least 50 people qualify for the NEET exam, the all-India entrance for medical colleges?
Pt. Jawaharlal Nehru (the title of Pandit is a little incongruous for a sworn secularist) passed away on this day (May 27), 54 years ago in 1964. His larger than life image though has only lately begun to be put in perspective. A lot of it has to do with social media for it loosened the grip of mainstream media and academics in controlling the narrative, hiding the ugly and sprucing up the good.
This revisit on Nehru’s early years, his rise in Congress echelon, manipulation at the time of independence to PM’s seat, his shaping of Hindu Civil Code etc are now being fiercely ripped out in open. I would presently concentrate on two of his actions which have put India’s eastern and western borders in permanent strife. I am of course referring to Pt. Nehru’s conduct during the incursion of Pakistani raiders in Kashmir in 1947; and the disastrous China War of 1962.
Pak Raiders in Kashmir in 1947
Within a month of India’s independence, Maharaja Hari Singh of Kashmir offered his state’s accession to India in September 1947. Nehru refused for his “blood brother” Sheikh Abdullah was in jail. It was thus a deadlock. By next month, Pakistan’s raiders from North West Frontier Province had penetrated up till the outskirts of Srinagar, looting, pillaging, killing and raping along the way. On October 26, Hari Singh had agreed to sign the Instrument of Accession to Indian Union.
On the same day, Lord Mountbatten, the governor general, called an urgent meeting in Delhi. Nehru was his typical ambivalent self. Sardar Patel, the home minister, lost his cool. Sam Manekshaw, then an army colonel, was to later recall: “As usual Nehru talked about the United Nations, Russia, Africa, God Almighty, everybody, until Sardar Patel lost his temper. He said `Jawaharlal, do you want Kashmir or do you want to give it away?’.” Nehru was thus pinned into taking an action and thanks to Sardar Patel, troops were flown to Srinagar and the airport, the only link with New Delhi, was saved.
In just a few weeks, in December 1947, Nehru had committed his grave blunder for which successive generations of India are still paying the price. He referred the matter to United Nations—there was no need for Kashmir was literally India’s “internal matter” since Maharaja Hari Singh had already acceded the state to Indian Union.
Why did Nehru go to United Nations? There are two explanations forwarded: one, he wanted Sardar Patel out of Kashmir for the latter fed up by Nehru’s antics had offered to resign just a few days before in December 1947; two, Nehru walked into a trap laid by Mountbatten who wanted UN to mediate.
(The truth is, India didn’t need Mountbatten as its Governor General. Pakistan never considered a similar option for itself. Mountbatten then maneuvered himself as head of India’s defence council).
Nehru then approached United Nations for arbitration. In the first few months of 1948, the folly had begun to hit Nehru in the face. The British stance in front of UN was completely opposite to what Mountbatten had led Nehru to believe. The Indian complaint was ignored; instead UN Security Council began adopting anti-India resolutions.
The cat was out of the bag. Despite India’s protestations, Pakistan was firmly in control of “Azad Kashmir.” India had to lose Gilgit-Baltistan region. UN and its plans for a plebiscite went kaput. India’s next generations had been condemned with the festering wound of Kashmir. Terrorism and internal security, if not secession, are everyday issues emanating from the Valley.
India’s China War of 1962
This refers to India’s political and military humiliation at the hands of China during the 1962 War. The impression successfully perpetuated all these years is that it was all China’s aggression which didn’t respond to Nehru’s brotherly overtures. The truth is more nuanced.
Britain didn’t leave India with any boundaries. India were left to settle matters with Pakistan, Nepal and China. While the first two nations didn’t cause any problem, China was a different matter altogether. They were not prepared to let Nehru get away with his “forward policy” of aggression.
India inherited the McMahon line on its eastern border with China which British had created in mid-1930s by seizing the Tibetan territory, renaming it NEFA. The Chinese government’s plea for renegotiation was turned down by Nehru who latched on to London’s fake claim of Simla Conference (1945), legitimatizing the McMahon Line. Nehru topped it with his fake claim on Aksai Chin—a claim which even the British hadn’t made on a territory China had termed its own for over a hundred years.
Then on its Western (Ladakh) border, Nehru’s “forward policy” in September 1962 tried to force the Chinese out of territory it claimed as its own. Nehru announced on October 11 that the army had been ordered to “free our territory.” That’s how the war began with China reacting to the situation.
China fought the 1962 war while in the throes of economic hardship. It’s forces were hardly elite, mostly comprising regiments of local military. Their equipment and logistics were poor. Yet they overpowered the Indians. In that short war of two weeks—China called for a unilateral ceasefire as quickly as it had gained ground—India lost 1383 of its soldiers; 1047 were wounded, 1696 were missing.
Our only clue to 1962 China War is a book by Australian journalist Neville Maxwell: India’s China War. He could pen it down by accessing the Henderson (Brooks)—(Premindra Singh) Bhagat report which had been commissioned in the wake of 1962 War disaster. Even Maxwell could copy only a part of the report which the Indian government had classified as “top secret.”
It’s been over a half century yet the Henderson-Bhagat report as well as various correspondences of Nehru are out of reach—being treated as “private property’ of Nehru Library, a private trust. The papers of India’s first prime minister belongs to his family and not to the state!!! The classified secret clause of “30 years” is long over yet the report isn’t being made public.
That’s how truth in this country is treated. Everyone tries to muzzle changes in school text books and academia in light of new findings so that their narrative remains perpetuated. Doesn’t the history of this country deserve a revision when important annals of this country are being kept locked in the form of documents inside safety vaults?