J&K IN THE GRIPS OF ANARCHY
Kashmir is very much in the news these days. BJP MLAs from Jammu & Kashmir came to New Delhi last week, met the Prime Minister and submitted to him a memorandum cautioning him against any dilution in the presence of security forces in that state.
They also urged him not to succumb to the acceptance of any separatist demand. For the BJP, the issue of Kashmir’s complete integration with India is one which the party has pursued relentlessly since its birth as Bharatiya Jana Sangh.
Dr. Syama Prasad Mookerji, founder President of the Jana Sangh laid down his life for the cause of the State’s integration.
At the first National Conference of the Bharatiya Jana Sangh held in 1953 at Kanpur Dr. Mookerji gave the nation a resounding slogan with profound significance :
Ek desh mein do vidhan, do pradhan, do nishan -nahin chalenge, nahin chalenge.(We cannot have two constitutions, two presidents, two flags, in a single country).
Dr. Mookerji’s martyrdom in Kashmir led to achievement of two of the three goals identified in this slogan.
The Two Presidents that existed till 1953 – one in New Delhi who had no authority over J&K, and the second in the state exercising full authority under the title Sadar-e-Riyasat became one. The office of Sadar-e-Riyasat was abolished, and the President’s authority was extended to Jammu & Kashmir.
Also, the Two Flags became one : the National Tricolour which until 1953 could not be hoisted in J&K (which had its own flag) became the flag of the State as well. In the movement launched by Dr. Mookerji, several Jana Sangh and Praja Parishad activists actually became martyrs to police bullets while hoisting the Tricolour !
But the third goal identified by our great leader still remains to be achieved : Article 370 of the Indian Constitution which provides for a separate constitution for Jammu & Kashmir and which continues to breed separatism must go.
***
In the Kashmir Valley the situation today is of total anarchy. And the Government seems clueless how to deal with it. The memorandum given to the P.M. by BJP MLAs from the state says :
“The separatists have adopted an alternative strategy. They have realized that the global acceptability of acts of terror has ceased to exist. They are also aware that India’s patriotic and professional security forces can repel such terrorists and insurgency linked sabotage, blast and violence. Since 2008, the separatists have decided to resort to mob violence rather than stray acts of terror. Their strategy is to convince the world about the so-called justness of Kashmir’s cause.
The separatists are today getting instructions from across the border. From young school children to women and elders stone throwing at security forces and governmental buildings is the preferred strategy. They indulge in mob violence in order to provoke the security forces to resort to defensive action. Disguised terrorists are also a part of these violent mobs. In this defensive security action, there are injuries and casualties. So far 1262 Security personnel have been injured. Participants in mob violence have also been injured. Some have even lost their lives.
India’s strategy at dealing with terrorism and sabotage was clear and well defined. The Government, however, appears to be clueless in facing the current challenge. The State Government has become extremely unpopular. There is a personal resentment against the Chief Minister. He appears to be getting alienated even from his own party cadres.â€
***
In his book Virginibus puerisque (Latin for ‘To girls and boys’), Robert Louis Stevenson has written: “Man is a creature who lives not by bread alone, but principally by catchwords.†One such catchword which very much sustains Indian politicians is “communalâ€. There is nothing pejorative in the original meaning of the word , which is linked with commune and community. But over a period of time, it has become, in Indian political parlance, a word of vile abuse. Jawaharlal Nehru used to hurl it at the great patriot and parliamentarian, Dr. Syama Prasad Mookerji, and at the party which he founded, the Bharatiya Jana Sangh. The epithet continues to be thrown at the Bharatiya Janata Party (BJP) till today.
Of course, the BJP is an ideological party which has a distinct approach to several matters. On some issues, it is practically a loner, even though among the people these issues command wide support. Until 1998, our stand that India must have a nuclear deterrent of our own was exclusively our own. In 1998, first all our allies in the NDA endorsed this stand. Today the entire nation feels proud that our country possesses nuclear weaponry.
The BJP is today the only political party in the country which holds that Article 370 of the Constitution which confers a special status on Jammu and Kashmir State, ought to be scrapped. We regard this provision as a big barrier in the psychological unity of the country.
I can understand someone disputing our argument and disagreeing with our stand. But I feel surprised when the BJP’s demand for repeal of Article 370 is cited as proof of our communalism. That only underscores how perverse these catchwords have become. It would be in place to recall the rationale given by our Constitution-makers to justify inclusion of this Article.
At the time of independence there were in the country more than 500 princely states. Most of these had framed their own constitutions. When on October 17, 1949, the Constituent Assembly took up this particular provision for consideration, N. Gopalaswami Ayyangar, who introduced the provision, drew attention to the fact that in the case of all other princely States, their constitutions had been embodied in the Constitution of India, but this had not become possible with regard to Jammu and Kaszhmir which continued to have a separate constitution.
Maulana Hasrat Mohani interrupted Ayyangar to ask why Jammu and Kashmir was being ‘discriminated’ against ? Thus for Mohani, J&K continuing to have a separate constitution was an act of discrimination against the State !
Ayyangar replied:
“The discrimination is due to the special conditions of Kashmir. That particular State is not yet ripe for the same sort of integration as has taken place in the case of other States. It is the hope of everybody here that in due course even Jammu and Kashmir will become ripe for the same sort of integration.â€
The Constituent Assembly debates record that Ayyanagar’s above declaration, that in course of time Jammu and Kashmir would be brought in line with other States, was greeted with cheers.
Ayyangar then went on to explain why the State was allowed to remain an exception for some time. “In the first place,†he said, “there has been a war going on within the limits of Jammu and Kashmir State.†Also, he added, “We are entangled with the United Nations in regard to Jammu and Kashmir State, and it is not possible to say now when we shall be free from this entanglement.â€
Thus, it is very clear from the deliberations of the Constituent Assembly that the special status given to Jammu and Kashmir State under Article 370 was only in the nature of an interim arrangement. The rationale was Pakistan’s invasion, and the U.N. dimension. This Article had absolutely nothing to do with the fact that Jammu and Kashmir is a Muslim majority State, the argument that is being advanced today to condemn our demand for its abrogation.
Immediately after the death of Dr. Mookerji in Srinagar where he had been detained, the nationwide anger that erupted made Government take a few positive steps in quick succession. The permit system that existed to allow entry into Jammu and Kashmir, and for whose violation Dr. Mookerji had been jailed was scrapped. In course of time, the jurisdiction of the Supreme Court, of the Election Commission, and of the Comptroller and Auditor General also were extended to the State.
Whenever Shri Vajpayee raised the issue of Art. 370 in Parliament, Pandit Nehru would invariably reply that a gradual erosion of the Article was taking place, and in course of time the Article would go.
Justice M.C. Chagla
Early in 1964, a discussion took place in U.N. Security Council in which on behalf of Pakistan, Z.A. Bhutto argued that the “Security Council should interdict India from carrying on further integration.†Soon after, Minister of Education Mohammedali Currim Chagla [Better known as Justice M.C. Chagla who had also been the Chief Justice of Bombay High Court and Ambassador to the USA, Mexico, Cuba besides being Vice-Chancellor, University of Bombay and High Commissioner to England], made an excellent speech in the Rajya Sabha (February 24, 1964) in the course of which he made this very pertinent observation about Article 370:
“The Prime Minister (Jawaharlal Nehru) the other day spoke of the gradual erosion of Article 370 of the Constitution. I only hope that the erosion is accelerated and I also hope that very soon that Article will disappear from the Constitution of India. After all, it is transitional and temporary. I think the transitional period has been long enough.â€
As one who had ably represented India’s case on Kashmir in many an acrimonious debate at the U.N., Chagla’s exasperation was understandable. After all, 14 years had elapsed since the adoption of the Constitution, and yet this temporary Article relating to Jammu and Kashmir State continued to sully the Constitution, suggesting that Kashmir was still a disputed matter. Yet another 46 years have flit by since Chagla made these remarks. Not only has the transitional period still not ended; today any Chagla just suggesting that the temporary Article be repealed, runs the risk of being characterized as communal and reactionary !
L.K. Advani
New Delhi
August 08, 2010
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August 8th, 2010 at 7:31 pm
ADVaniji sir I tried to reach you through this blog and made an attempt to draw your kind attention about plight of poor retired public ,banking,private sector employees in respect of injustice meted to them while raising ceiling of gratuity from 3.5 to 10lac during budjet session.MY SIMPLE question is why it is not made on par with cental govt. employees from 1-1-2006 insteadof from 23-5-2010? Some p.s.u. got it but income tax was deducted to the extent of 40 thousand to2lac ,from 1-1-2007 After all if income tax is exempted for p.s.u. from1-1-2007 who got the enhanced gratuity from 1-1-2007retired employees will be benifited.Hope you will under stand our grief and use your good office to get exemption from income tax from 1-1-2007 for the gratuity
August 8th, 2010 at 7:44 pm
Dear Sri Advani Ji,
Very convincing blog. However, the basic question which the people are curious about today is, why BJP and NDA could not abolish the article when it was power ? For each of the BJP’s stand including article 370, Ayodhya temple, immigrant issue etc, I think you must clarify why none of these could be achieved during your government, in order for the people to realize the difference between NDA and Congress.
August 8th, 2010 at 8:25 pm
Very informative article..LKA at his best..great knowldge of indian political history which congress and some vested interest group in india are trying to do away with.
August 8th, 2010 at 9:49 pm
Respected Advaniji,
The KASHMIR issue needs to be taken to its logical conclusion of “Real merger with state of INDIA”!!
I strongly feel that the leader of OPPOSITION and the PRIME MINISTER should appeal for peace in KASHMIR and stop anymore deaths, I know this will not help but it would help INDIAs position about KASHMIR globally.
The clueless governement has already given scope for UN intervention which has never happened before and INDIA is clearly loosing out its ROLE and LEVERAGE in global ARENA.
REGARDS
PUNEETH KUMAR
August 9th, 2010 at 8:22 pm
Respected Advani ji,
Namaskar. I have tremendous respect for you but as your supporter and not as a sycophant. Hence, I wish to ask you too like others - Does a man who was Home Minister of India for 6 years but did nothing on Article 370 issue has any Moral Authority to raise the issue when out of power ?
National Conference the Party that Ruled J & K in that era was Part of N.D.A., Present Chief Minister Omar Abdullah was the International Face of Our N.D.A. Govt. And when we were in power we couldn’t Abolish 370 as our allies didn’t allow us to do that - is B.J.P’s Excuse but then How Do We Expect Congress to Abolish Article 370 - Muslims are their core voters.
Saving the Govt. was Our Priority - To Remain in Power is Congress’s - then WHO CARES FOR THE NATION ?
Praveen Shankar Kapoor
August 9th, 2010 at 9:27 pm
MY REPLY FOR NANDA & KAPOOR IS :
NDA govt was formed with alliances of JDU, DMK,TDP, BIJU JANATHA DAL, S.A.D., S.S., National Conference etc. Unless all these parties agreed for removal of article 370 and for that matter, construction of Ram temple, BJP could not alone do anything since it did not have absolute majority. We should give BJP an absolute majority first before we ask any questions, moral or otherwise !
August 10th, 2010 at 3:11 pm
Very good article, but somewhere still real fact is yet to address that is the armed forces and their role in J & K.
Now when congress, media and human rights activist across the world ask why Gujarat Govt didn’t bring out army when communal riot was at peak in 2002 same pseudo-secularist are asking today why central and J & K Government want armed forces on the street, In fact they never showed sympathy towards this forces they only criticized their action. This exposes double standard of these anti-national forces.
Countrymen pay huge taxes to the nation and that amount only is used for funding defense sector and salary for armed forces. What we want is that our money must be utilized for maintaining prestige of armed forces and not for getting beaten up by these roadside hooligans. It’s really pathetic to see that armed forces are watching like mute spectator when their own army men are attacked, we doubt today will they be able to retaliate against enemy attack or what?
conti..
August 10th, 2010 at 3:12 pm
Army men’s vehicles, govt offices are set on fire, why cant army uses tankers to carry out patrolling like Israelis do against Hamas and Russian army do against Chechen rebels.
Best solution is mutiny of J & K by armed forces over throw democratically (Anti-India) elected govt by not giving up to the demand of these anti-national forces. If I had been the army chief I would have done the same to maintain prestige intact of armed forces not succumbing to pressure to such anti national forces.
Moreover I read that separatist in J & K are going to celebrate 14th August as their Independence day in line with Pakistan’s Independence day while same on 15th August they have planned to observe as Black day. This itself exposes with which side they want to go. All those who celebrate must be arrested and must be put behind bars.
Solution for J & K lies not in dialogue but it needs capture of power by means of armed action.
August 10th, 2010 at 11:50 pm
After wandering quite a bit on the subject- Kashmir, it struck me I should be trying here. And my hunch did prove me right. Here is an awesome, wonderfully insightful and most importantly a very readable blog. And who could have brought that other than the expericenced Advaniji. Sometimes I pity the countrymen who have a Prime Minister who is grappling with the subject proving himself quite incapable of appreciating (forget resolving) the burning issue. This also brings to fore the difference in approach, understanding of the nationalist party led by Mr. Advani. I would just hope that there is a debate where the PM himself outlines his understanding of the issue and his wayout, followed by Advaniji’s turn. Let the nation see for itself what they are missing out on. Regards
August 11th, 2010 at 9:57 am
Sir,
Already Prime Minister has agreed to give autonomy to J & K, then what is the Article 370 which they enjoyed for all this year.?
What an eye wash?
Why no one is speaking frankly what they want is Azadi from India and not Autonomy?
I have decided that I will never visit any part of J & K as a tourist which will generate revenue for separatists there. Even I will urge all my friends and internet friends and blogger not to visit J & K.
August 11th, 2010 at 2:37 pm
Dear Sir,
I wanted to express deep anguish and concern at the turn of events and the direction in which the central government in power is moving.
I believe you are a patriot with determination to defend India’s integrity.
Kindly mobilize opinion to oppose this self destructive move on the part of the central government in the name of peace. This will lead to no peace, it will rather further destabilise the country.
At this point of time when we should rather be thinking about how, if at all, we could get back lost parts of Kasmir, the very idea to succumb to the separatist forces is fraught with danger to the nation.
Sir, let me tell you, if you take up this issue to its logical conclusion, the patriotic people of this country will remain indebted to you forever.
August 11th, 2010 at 3:52 pm
Why BJP-RSS topbrass is silent ? Has it been bought by Congress ? BJPis constantly losing Hindu votes and there are no Muslim votes for them ! Also why is BJP silent on it’s president’s INTUC connection ?
http://timesofindia.indiatimes.com/india/How-a-Cong-trade-union-leader-became-BJP-chief/articleshow/6198337.cms
Some suggestions :
1. Merger of Himachal with J&K to make Indian ‘Kashmir’ 70% Hindu majority solving its problem & Buddhist majority http://en.wikipedia.org/wiki/Chittagong_Hill_Tracts with India who hoisted Indian Flag on 15th August 1947
2. 5 crore and growing illegal Bangladeshi Muslims ousting local Hindus from many parts of east India
3. Settling all 15 million Bangladeshi Hindus in West Bengal at conflict zones like Zionism to boost Hindu population percentage
4. Detecting Bangladeshi Muslims in India and informing authority/media and protesting in front of their slums/villages will force them to return
5. Pro-Hindu Sudarshan TV be professionalised by making Swapam Dasgupta as CEO and Kanchan Gupta of professional Newspaper Pioneer as news editor, respectively
August 12th, 2010 at 6:54 pm
Jammu and Kashmir is the integral part of India and every Indian knows this fact. So what type of hitch our Government has to abolish the article 370 ?
Kashmir has been disturbed since independence. This illustrates that the Indian Government itself is not convinced that Kashmir is the element of India. The Govt’s dual policy has forced the Kashmiris to think that they don’t belong to India. The Govt. had better leave its weakness and abolish this article at the earliest possible. Rest of the Kashmir problem should be handled intelligently in such a way as if the govt. is tackling its own family problem but unlike commonwealth games. The UPA Govt. must show courage as the NDA Govt demonstrated at the time of Pokhran explosion.
August 13th, 2010 at 10:53 am
Sir,
Congress as a political party time and again proved to this nation that they almost always succeed in getting things their way. In case of Bhopal gas Tragedy they started blaming judiciary system, so they want nation to accept that judiciary is real culprit. Their former Prime Minister could impose emergency on a democratic country just to avoid appearing before judiciary inquiry commission. Here they proved that judiciary is at their mercy.
Congress now will decide what J & K people want, they only will decide whom to declare are terrorists and there Governors only will decide which bill has to be allowed in state as in case of Anti-Cow slaughter Bill in Karnataka blocked by Karnataka Governor. At the same time they support and please judiciary by asking to probe some encounters associated with BJP ruled state, mining activities and Salwa Judam by using Human Rights Activists. Allowing some corrupt judges to carry out their judicial duties.
But weakest point of BJP (Sangh Parivar) is that they have never blamed judiciary for the delay in pronouncing verdict on Ram Mandir in spite of so many evidences placed before them. They failed to blame judiciary for speaking for Human Rights Group, NGO’s, and Media and not for democratically elected Govt in states like Chhattisgarh, Gujarat. http://www.vigilonline.com/index.php?option=com_content&task=view&id=1362&Itemid=1.
Without wasting much time on listening to what Home Minister Says or what Prime Minister has to say on each an every events taking place in this country, BJP must start targeting each and every one including Corrupt Judiciary System, Human Rights Group and who funds them to file a PIL in court last but very important name to be targeted and taken in each and very place is Ex-IAS officer Harsh Mander who helps this NGO’s by funding them to file PIL in court and corrupt judges too act in accordance to what congress says to them. But BJP failed to nail this man while congress never misses a chance to hit back on any of the BJP leaders.
Even I would like to recommend all the BJP supporters to read this book on NGO’s by Radha Rajan “NGOs Activists and Foreign Funds: -Anti-National Industry†and even review by Ex-IAS officer on this book on this link: - http://www.boloji.com/analysis2/0128d.htm.
My request to BJP spokepersons is to expose such accomplices of Congress so that nation will come to know of the real players behind the scene who run the rackets in the name of NGOs and Human rights.
August 13th, 2010 at 2:49 pm
There is a vital area which is left unaddressed by Advaniji.The existence of a Nation owes its genesis to the psychological craving of a community/communities of people to be together in their political destiny under a single flag and a single slogan(Ernest Renan).Why did we fail to psychologically integrate the people of kashmir, even after 63 years of independence? Ofcourse Kashmir is the kohinoor of India’s pluralism without which the syncretic Hindu Nationhood would be a big nullity.But, doesnt the persisting popular protest underscore the failure of our leadership?If we cannot exercise constructive hegemony(Gramsci) over the minds of people of Kashmir, evenafter 63 years, what is the meaning of the metaphor of mother India resting her affectionate crowned head over the beautiful valley of Kashmir?Let the leadership ponder
August 24th, 2010 at 6:49 pm
The only one solution of KASHMIR problem is “Azad Hind Desh” a united nation of India, Pakistan and Bangladesh.
Think seriously to rejoin in “Azad Hind Desh”.
-Ghulam Kundanam,
Citizen of Azad Hind Desh(India+Pakistan+Bangladesh)
Email : Ghulam.kundanam@gmail.com
Blog - http://www.ghulamkundanam.blogspot.com/
FaceBook:- http://en-gb.facebook.com/people/Ghulam-Kundanam/100001040727520
Twitter :- http://twitter.com/ghulamkundanam
August 28th, 2010 at 10:15 am
Respected Advaniji,
I would like to raise the questions that baffle the mind of every Indian. These are :
- Why the BJP has, over the years, compromised with its core ideals…?
- Why the BJP has not been able to convince the majority community that it is genuinely concerned about their security ..?
Please analyze in chronological order what are the events that diluted the Trust factor of the majority community in times of need.
- Why should BJP adopt the same approach that the other so-called secular parties have been adopting… apparently with an eye on the minority vote banks ?
- What will be the difference of identity of its ideals as compared to others…? Don’t you think that with your own confused parameters you have lost the trust factor of the biggest Vote Bank?
- Don’t you think that by joining hands with the superfluous, out-cast and outmoded elements of the self-styled secularist forces, you have only diluted your own image in the eyes of the common man…?
Hence the repeated occurrence of the hung Parliament…!!
Don’t you think it would have been better if you would have lost one election on your own strength and stayed in opposition as a lone crusader of the genuine concerns of the majority community in India which includes all Hindus, Sikhs, Jains, Budhists, Parsies and likeminded nationalistic communities….
It would have provided you with sufficient armor to convince the masses that the so-called secular parties are only subverting and diluting the importance of the Unity and Integrity of the Country by their loosely structured policies adopted by their spineless leadership who don’t have the guts to call the spade a spade. Hence the need for a change…!!
Today it is ironical that the majority Community, who are nationalist in approach, are divided but the fundamentalists in Muslims speak in one language (and that is adherence to ISLAM) irrespective of the party they belong to.
August 29th, 2010 at 12:28 am
BJP should as a main oppostion show the way and siege the opportunity provided and not let the likes of NDTV’s Barkha dutt grab it.
1. Encourage a Nation wide debate with demand of art 370 to be loud and clear ……..I volunteer as I am born in kashmir and art 370 prevents me to live in my birth place and work.
2. 100 days solution……all wishing to quit kashmir should do so within 30days and free passage shall be given after that deadline no noise no azadi just flow with nature.
3. All major industry sops in Udhampur and Jammu and Leh…. IT parks through the efforts of Infosys, Wipro and Mahindra etc.
We urge you to take action and have our voice heard.
August 30th, 2010 at 11:15 am
Respected Sir
Your article is informative. It sheds lights on certain events every Indian ought to know. The quote of Mr. Iyengar “That particular State is not yet ripe for the same sort of integration” is not only true with Kashmir but also with other states. In Kashmir it is Article 370 for other states other mode of concessions. Like you can not even write that erstwhile French & Portuguese colonies be merged with nearby states speaking similar and identical language. Even after 60 years Cauvery, Alamatti, Belgaum is still under dispute and any slight provocation leads to blood bath worse than Belfast.
The state of Uttaranchal can be formed only after leaving out a Sikh majority area because of their protest. To achieve the ‘entry’ in the South, the Karnataka C.M. has to resort regionalism like the flamboyant Modi who repeatedly stressed Gujarati pride. BJP will do well to integrate the Nation on the basis SANATA DHARMA as propagated by Maharishi Aurobindo.