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ARTICLE 370 – THE UNTANGLED STORY

- DHRUTHI

INTODUCTION-------------------------------------------------------------------------------------------------- 02

INFLUENCE OF ARTICLE 370 ON SOCIO-POLITICAL CONDITIONS OF THE VALLEY

 UNEMPLOYMENT --------------------------------------------------------------------------03

 EDUCATION----------------------------------------------------------------------------------04

 COMMUNALISM-----------------------------------------------------------------------------05

 DRUG ABUSE AND TERRORISM-------------------------------------------------------06

CONCLUSION--------------------------------------------------------------------------------------06-08
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I. INTODUCTION

India is one of the most ethnically diverse country in the world. It is known for its vivid

culture, tradition, geography and of course, a great history! Just like other countries, India too

faced a lot of incursions which finally left a wound which took decades to heal. For India,

being a sovereign, socialist, secular, democratic and republic country was truly a difficult

journey. After a very long crisp battle against the bruisers, India finally became independent

but little did it know that it would take 70 long years to win a battle against itself. Many great

men contributed immensely for reshaping and rebuilding India from the scratch. A lot of

economical, political and social problems had to be solved. One among them was unification

of all the chunks into union of India to maintain national integration; it was a steep challenge

with many twists and turns. The princely states were given three options: to join India or

Pakistan or remain independent. Sardar Valla Bhai Patel took the sole responsibility to

integrate and make them as a part of the union. Jammu and Kashmir were one of them.

As much as it is known for its beauty, Jammu and Kashmir is also infamous for its conflicting

socio-political scenario. Being sandwiched between Pakistan and India, the then maharaja of

Kashmir, Hari Singh decided to rule independently not until Pakistan tribal attacked which

eventually led to signing the instrument of accession with India for reciprocal promises. To
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regulate the affairs of the state which had a diverse population of Hindus and Muslims and to

rule Kashmir autonomously, Sheik Abdullah successfully persuaded Nehru to grant a special

status. Having no support from Ambedkar and Patel, Nehru approached Gopal Swamy

Iyengar to draft a special provision for Kashmir1. This gave rise to article 370, the thread

which had held Kashmir to India till this date.

Article 370, being a temporary provision successfully made it till 2019 until Modi

government dropped the bomb. Rather being helpful in binding the socialistic spirits and

national integrity, it only made the conditions worse by deteriorating the social, political and

economic conditions for Jammu and Kashmir. Why making it inoperative proves to be a boon

to people of Kashmir and welfare of the country is the discussion about.

II. INFLUENCE OF ARTICLE 370 ON SOCIO-POLITICAL CONDITIONS OF THE

VALLEY

A lot of developments happened in Jammu and Kashmir this week. the validity and

effects of article 370 has been discussed from time to time. the politics of the country

has been largely influenced by this article which in turn influenced the social and

economy of the state. Together, the valley’s situation deteriorated.

 UNEMPLOYMENT

Unemployment is inevitable to India since ages. In a mixed economy such as that of

India, it is a hinderance to our economic growth. With respect to the states having

special autonomy, Jammu and Kashmir is facing a serious crisis, having 7.9% of

monthly average unemployment rate2. Since ages, there has been no significant

development in the industrial and agricultural sector. according to art 370 and 35A, no

1
Indian constitution law by prof.MP Jain, fifth edition, 2009
2
https://m.rbi.org.in/Scripts/PublicationsView.aspx?id=18808
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outsiders were allowed to buy lands in Kashmir n invest upon it. a monopolistic

market trend was evident. Tourism industry remained at stake dur to land restrictions.

According to the recent reports, the average monthly earning of a Kashmiri is 5000

rupees3 which is much less than the income of other people in the rest of the country.

The above article can be solely made responsible for this crisis. The effects of this

has steeped down deeply. Firstly, there is absence of effective laws to protect the

interest of people and uplifting the employment rate rather a lot of interest is vested

on promoting the mainstream dominant religion. Secondly, the fact is unsure whether

the funds sanctioned by the central government has really been used in the state’s

interest or is going to politicians’ pockets. Thirdly, most of the central government

schemes aren’t applicable making people of Kashmir unable to taste the fruits of

development.

 EDUCATION

Education is the key to future. For any country, educated assists are necessary. hence, the

main manifesto of any state would be to improve its education system. Sadly, in Kashmir,

this problem has no end. The life of people as well as that of students is at stakes. round the

year, the schools will shut down for at least 5 months for sure. around 40% of the students in

Kashmir wish to pause their education due to sudden baffled situations. People too far too

send their dear children to school fearing any shootouts and damages. Then frequency of shut

down is so much that students are not able to receive the quality education which is available

in rest of India. Though the number of students who appear for their board exams is pretty

well despite all the perplexed situation implies that students have keen interest to study,

having all the problems wrapped around. Right to Education is not implemented in Kashmir. 4

3
http://www.kashmirleader.net/
4
The constitution (Eighty sixth amendment) Act, 2002.
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Aren’t they the children of India to get the equal benefit as others? Quality education is the

new era’s developmental sphere. According to recent online study, 40% faculties in primary

schools are trained teachers, in upper primary it’s only 48%, for secondary schools, 54%

teachers are qualifying and 59% in higher secondary schools. hence, by compromising with

quality of education, we are compromising with the lives of future generation.

 COMMUNALISM

Secularism has become a memory of the past in this case. Communalism has taken the lead in

Kashmir. Religious bias has built walls between the communities. Kashmir has become more

or less synonymous with conflict. Muslims constitute around 80% of Kashmir population.

Hindus and Christians are minorities. Recently, the Kashmiri pundits were driven away from

their homeland5. Most of them have ancestral property and built their lives on that land.

Though they were brought back, it wasn’t their same old homeland, but, a refugee camp!

From decades, Kashmir is known for its communal disputes. The main reason why article

370 was incorporated was that Kashmir, unlike other princely states was not completely

ready for integration. India had a cold war being going with Pakistan over Jammu and

Kashmir issue. To make sure it is binded to India and moreover, to safeguard the interest of

valley, special status was granted. Other states with similar status exist but its only with

Jammu and Kashmir which caused and continued to cause a lot of havoc; it is still a matter of

dispute between the two neighbouring countries, having the united states intervene and still

on the UN security council’s agenda. With all these contentions, the existence of article 370

made no difference in restoring peace, rather amplified it.

5
https://tribune.com.pk/story/762231/communalism-in-kashmir/?amp=1
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 DRUG ABUSE AND TERRORISM

The above social problems have a lot of indirect problems on the people of the valley and

their lives. The younger generation are the ones who are badly affected. Terrorism and drug

abuse are the result of the above social and economic problems. According to United Nations

drug control programme, around 70 thousand people in Kashmir are on drugs and 30% of

them are women. Also, according to reports by government psychiatric hospital in Srinagar6,

90% of the drug abusers belong to the age group of 17- 35. The constant turmoil in the state

such as unemployment, lack of education and awareness has drawn youths into this.

Terrorism is another menace in Jammu and Kashmir. Our Hon’ble home minister Amit Shah

quoted that, “over 41,000 people wouldn’t have lost their lives in Kashmir if article 370

wasn’t there”. The main cause of terrorism is homogeneity of a particular community at

large. this problem will come to an end if there is a chance for social amalgamation. Though

defence is still a central government’s subject, it had Jammu and Kashmir’s state assembly

meddling. Kashmiris have lost their state for bullets and bombs.

III. CONCLUSION

Overall, scrapping article 370 was much needed. It was a step to cut down terrorism and curb

corruption. From the central government resources, it’s known that the anticorruption

provisions like right to information and comptroller and auditor general were not applicable

in Jammu and Kashmir. It is the only state which doesn’t have a detailed law to give a record

on the money flowing in the state and where it’s going. Also, 10% of central’s fund was

given to Kashmir. Its more than any big states of India like Uttar Pradesh since it getting only

8.4% of the total beneficiary fund7. Its known that the amount of fund given to a state with

6
Jkhealth.org>new2017>pdf
7
www.thehindu.com
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special status is usually more compared to other states since it is necessary. But after having

discussed about all the problems, the development isn’t evident. its delusional to know

whether the amount is used for the state’s sake or simply going into politician’s pockets. It

was just a three-family politics in the name of democracy.

Article 370 was a temporary provision8. It had to be made inoperative by the state assembly

once it had its own constitution. But unfortunately, just like other issues India, it continues its

tale. According to article 370(3)9, the above article can be inoperative by a public notification

by the president, provided with the consent of the state assembly. Also, 35A, which had

uprooted by a presidential order, can also be made inoperative by the same, which is fair

enough. Scrapping article 370 was not only BJP’s first attempt. It was rather the manifesto of

Vajpayee and mode’s 2014 government too. Luckily, the government had clear majority in

the parliament and the state assembly in Jammu and Kashmir had crippled.

Though section 144 was imposed and posed a great problem to the people, it was for the

welfare of people. Now, that the article has been made inoperative, the national government

would hopefully protect and promote the economic and social well being of the citizens it the

available wealth and resources. Sometimes, in regards to the interest of the whole nation, a

small group of people may face hardship for some time. But the fruits of development can be

tasted equally by all. The finance will be well distributed and used for the required purpose.

New amendments like the 10% economic weaker section bill will be applicable in Jammu

and Kashmir and surely, people can witness the developmental heights. Equality for women

regarding the property issue will be solved. IPC will replace RPC to deal with the criminal

matters.

8
Indian constitution law by prof.MP Jain, fifth edition, 2009
9
Indian constitution law by prof.MP Jain, fifth edition, 2009
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Its sad to know the fact that it took so long to scrap an archaic article. There has been a lot of

hustle since its abrogation. Many people have filed a PIL in the supreme court against the

procedure followed by the government in scrapping it. But I clearly say that the supreme

court must not entertain this plea because the article itself was temporary and moreover, it

was done for the welfare of people and the country. Everything was constitutional binded.

We finally do not need any thread to bind Kashmir to India because now, Kashmir is the new

India. Let’s have our hopes invested and feel grateful for one country, one constitution, one

flag and one citizenship. Jammu and Kashmir are more than a state. For most of the people, it

was an emotional struggle. For the state which witnessed only blood and bullets with no other

development, is finally free from the clutches and got the opportunity to enjoy the essence of

independence!