Jammu & Kashmir, as a state, has long been a bone of contention between India & Pak since independence in 1947. The two countries have fought four wars over the last 75 years. The long-drawn armed conflict in the erstwhile state of Jammu & Kashmir has claimed thousands of lives & made both the economies bleed & has posed grave threats to the nation’s security. It was in 1989, when insurgency was born as an indigenous movement against the corrupt governance, which later took the form of militancy & ruined the normal functioning of the state, & forced the Central Government to notify Jammu & Kashmir as a “disturbed area” and invoke laws like the Armed Forces Special Powers Act (AFSPA) to maintain law & order in state. Though the Central Government had tried to reach out to Kashmiris & even to Pak over the years, but all efforts were in vain except brief periods of peace & hope.
Article 370 gave special status to Jammu & Kashmir & conferred the power to have a separate constitution, a state flag & autonomy of internal administration & freedom to make laws. However, foreign affairs, defence & communication remained the purview of the Central Government. As a result, Jammu and Kashmir could make its own rules with respect to permanent residency, ownership of property and fundamental rights. It could also bar Indians from outside the state from purchasing property or settling in the state. BJP led by PM Narendra Modi had long opposed Article 370 and revoking it was in its 2019 election manifesto. They argued to scrap Article 370 & integrate Kashmir & put it on the same footing as the rest of India. After returning to power with a massive mandate in 2019 Gen Elections, the government took no time in acting on its pledge. On Aug 5, 2019, after increasing troops in the state and cancelling a mass Hindu pilgrimage, the Indian government sought to arrest a thirty-year insurgency with an unprecedented change to the country’s constitution by abrogating Article 370 thereby splitting the state into two, namely Jammu & Kashmir and Ladakh & making them Union Territories.
According to the constitution, Article 370 could only be modified with the agreement of the state government. But there hadn't been much of a state government in Jammu & Kashmir since June 2018, which resulted in federal rule being imposed once CM, Mehbooba Mufti’s government was reduced to a minority. This meant the federal government had to seek the consent of the governor for any change. The government clarified that it was well within its rights to bring the changes. However, experts’ opinion on the subject were sharply divided, wherein some referred it as absolutely legal, while others claimed it to be illegal & suggested the decision to be challenged in the Honorable Supreme Court. The locals feared that the erosion of autonomy provisions will also impinge on their social identity including religion, customs, and language by threatening employment opportunities and creating demographic changes with the opening of land ownership, jobs, and university seats to non- Kashmiris. Frustrations over corruption, failures of basic administration (such as water and electrical facilities) closed education institution, absence of promised investments and distressed sectors(s) of the economy are the causes of unrest among them, which will further be overburdened by new amendments.
Article 370 placed restriction on transfer of land & imposed constraints on private investments in the development works as a result of which no large investment was made in health, education & tourism, further set up of industries was also denied in the state. Hence, employment opportunities, especially for the local youth were limited. But now, removal of restrictions will pave way for industrialisation of union territories & encourage private investments which will boost the growth in the state. Higher education all across the country had seen a significant growth, but same was not the case for Jammu & Kashmir. Not a single private university was established in the state until 2019 & the students had to perforce travel to other parts of the country in order to pursue their interest in education. Similarly, there were no multi-specialty hospital in the state in private sector. With the abrogation of Article 370, huge private investments are expected in health & education. The students will no longer need to travel outside for higher studies & quality health care. Everything will be provided to the people right at their doorsteps.
Article 370 denied right on land to women who got married outside the state & also denied them the right to education which makes education a fundamental right for children in the age group of 8-14 years. Also, the act for protection of women from domestic violence & prohibition of child marriage act, juvenile justice act, etc. were not applicable in the erstwhile state of Jammu & Kashmir. The abrogation of Article 370 changed the whole scenario. Post abrogation, women now retained full legal rights on land. All acts and laws protecting the rights of women and children will be made fully applicable as similar in dominion of India. Right to education shall also be extended to the new union territories. Earlier, many national laws could not be applied to the state, depriving the local residents of the benefits of these legislations. But now the laws such as right to education; maintenance & welfare of parents & senior citizens act, 2001; national commission for minority act and acts for benefit of women, children & disabled; will be applicable.
Kashmir conflict is a function of complex historical grievances, politico-ethnic demands, increasing religious radicalisation, and Pak’s unrelenting interference in the Kashmir Valley. The local population still believes that such a multi-layered and complex conflict cannot be resolved just by a constitutional change or abrogation of decades old Article 370. Today, life in Kashmir is slowly and steadily limping towards normalcy. However, the valley stands in the midst of an uneasy calm that may explode at the slightest provocation from across the border. The onus now lies on the government to address the problems faced by the local populace in terms of education, health, employment, development, security, human rights & to protect their identity in order to make abrogation of Article 370 a boon & not a bane.
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