1118 (India). The main resources used are reports and articles that are well researched and substantiated with relevant evidence. The two resolution were-: Jammu and Kashmir reorganization bill states that two union territory will be created which will be -; Leh union territory will be without legislature and Jammu and Kashmir union territory will have a legislature. Sharma, Saurabh. Human rights activists predict a state of absolute lawlessness by the military due to the centers over-reaching support (Hussain, 2009). While India in August 2019 was traversing the innovative arenas opened by internet services, Kashmir was thrust into an internet shutdown. Anti-India campaign on Kashmir and Article 370 will arise as per Pakistan. Please support us by disabling these ads blocker. https://www.financialexpress.com/india-news/article-370-a-temporary-provision-amit-shah-35-a-subhash-kashyap/. A bit of reading never hurts. The common people struggled to make ends meet with no government empathy towards them. This was temporary provision intended to be in force till the formulation and adoption of States Constitution. The Parliament or more precisely, the Legislature, can amend the Constitution for abrogation of Article 370. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the In the year 1950, The Indian Constitution came into force and Article 1 of the Indian Constitution defined J&K as a State of India and Article 370 provided J&K with the special status. Yet, Pakistan since the past ages regularly raises the Kashmir issue at the United Nations and India accuses Pakistan of exploiting the unrest in Jammu and Kashmir to further their goals in the region. Despite all these efforts there continues to be a situation of political vacuum in J&K as its Kashmirs main political leaders who played an important role in winning back those alienated remain to be under detention. Under the cover of these acts, military personnel commit heinous crimes under blanket impunity. Due to Article 370, India's security challenges from neighbours like Pakistan and China become more complicated. Thus their intervention could take place. Kashmir did become a legal part of India but the territorial differences between Pakistan and India ripped apart Kashmiri citizens and their sense of belongingness. Former Pakistani diplomats and experts on Wednesday called for lowering diplomatic ties The only perceptible development to have taken place during that period has been the absence of politics. The state also has its own Criminal Code known as the Ranbir Penal Code and gender discriminatory property rights (Medha-2019). It was high time that the government stepped up and scrapped the Article 370 which kept the state of J&K in a state of isolation and the scrapping of Article 370 would eventually end the suffering of the people and pave the way for development and upliftment of the state and its citizens. Jammu & Kashmir was turned into a UT with A legislative (along the lines of Puducherry and Delhi NCR). Accessed April 26, 2021. http://www.jstor.org/stable/42743614. 2019 Islamabad Policy Institute. There are many impacts of abrogation of Article 370 on Jammu and Kashmir and the whole of India. Further, this research article also defines Article 370, and Article 35A as an addition to it. Vidhi Seva Evam Samajik Utthan Samitis Two Days International Virtual Conference 2021 on Misuse of Laws Against Men: Contemporary Issues & Challenges: The Government of NCT of Delhi (Amendment) Bill, 2021: Passed in Rajya Sabha, Juvenile Justice (Care and Protection of Children) Amendment Bill 2021, Shri Ravi Shankar Prasad, Minister of Law and Justice Introduced the Arbitration and Conciliation (Amendment) Bill, 2021, in Lok Sabha. Yet, this move to dissolve the statehood of Jammu and Kashmir could reinforce the Supremacy of the Indian Constitution, and the ideals of One Nation, One Constitution, One National Anthem and One National Flag. Since abrogation of Article 370, Kashmir Valley has experienced continuous media and communication blackouts. Lockdowns were gradually lifted and life returned to normal with a degree of caution, The deepening political and economic cries, Pakistan-India Standoff: Lessons and Way Forward. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. |VOLUME 2|ISSUE 2|JUNE 2020|ISSN (O): 2581-6705|, Law Audience Journal (ISSN (O): 2581-6705), PUBLICATION ETHICS AND PUBLICATION MALPRACTICE STATEMENT, ABROGATION OF ARTICLE 370-A CRITICAL ANALYSIS. 1031 of 2019. But their attempts were foiled as the security forces acted swiftly and eliminated most of the terrorists who were involved in carrying out the attacks against innocent civilians. Roadways have been blocked in several places across the city to reduce vehicular movements and in some places the pedestrian movement was also bound to restrictions. Animal Cruelty vs Religious Sacrifice: Anatomy of the Conflict Between Legislation & Religion, Enforcement of Foreign Judgements in India. The application of Article 370 to Jammu and Kashmir state was a major deadlock in the development of this state. On 26th November 1956, the Constitution was adopted and came into force on 26th January 1957, the State Constituent Assembly of Jammu and Kashmir dissolved itself and no recommendation, either for abrogation or for amendment of the Article 370 was made. The New Humanitarian. It is a relationship where a Kashmiri politician and Kashmiris are the subjects and New Delhi is the ruler. Other challenges like Pakistan-sponsored terrorism, extremism, proxy war and internet ban in the state also persist. However, the indefinite shutdown of internet and communication was abuse of power and highly unconstitutional. This would ensure that the people of the State have a say in their future. FIGURE 2 Unemployment rates (UR) in Jammu and Kashmir rise But, it is not going to be an easy job. German Institute of Global and Area Studies (GIGA), 2019. [ii] Narender Kumar, the constitutional law of India 1177( Allahabad law agency, 10th ed, 2018). Abrogating provisions of Article 370 would cause India in jeopardy, because nature of accession of Jammu and Kashmir to India is totally different from merger of all other small and even big States. The recent controversy regarding the abrogation of Article 370 of the Constitution which guarantees special status for Jammu and Kashmir has instigated a wide array of emotions among the citizens of the State and the rest of the country. This seems to be a very unwelcome welcome that the populace of J&K will be receiving. This paper dwells on the societal impact of the abrogation of Article 370 and the constantly evolving social demography and legislative changes that have mystified future pathways for J&K. The citizens of Jammu and Kashmir are caught in a perpetual flux of violation of human rights, charges, arrests, and violent incidents. By making provision for amendment, they never intended to bestow operation of the Constitution with absolute rigidity, but provided facility for flexibility to keep pace with everchanging needs of society and to serve justice. The article governs 3. The rulers and Chief Ministers of all the States agreed that separate constitutions of all the States were not required to be formed and they accepted the Indian Constitution as their own. Article 370 is an element of identity for the Kashmiri citizens and a carrier of diverse connotations of unity and separatism from the rest of India. An Assembly is elected as a representative body of people, and the Governor is representative of the Centre. Former SPD Official Khalid Banuri advised that International Court of Justices advisory opinion should be sought through United Nations General Assembly. Seventy years later, the Article has been revoked and has taken away a lot of special privileges. Yet these remain just a handful of viewpoints that the public upheld. Jammu & Kashmir has been seething with turmoil since August 2019 due to the abrogation of Article 370. The bill was passed by both the houses with a majority. Through the abrogation of the said article, the government seeks to improve and build better physical infrastructure such as, housing for those living below the poverty line, availability of water and toilets in every home, provide health care facilities and build institutional infrastructure to solve the continuous paradox of floods and calamities faced in parts of the country. Pakistan has previously accused India of committing various excesses in Kashmir. The children of such women also did not have any succession rights and thus the revoking of the Article would end the age-old discrimination against the women of J&K who had chosen to marry from outside the state. On 5th August 2019, all these provisions ceased to be operative with the abrogation of Article 370 and a full-fledged inclusion of Jammu and Kashmir into India. In simple words, this Article provided that except for defence, Jammu and Kashmir cannot become a precedent binding on all States for all times. As it was stated earlier in Article 370(3) that to remove Article 370 or to make it an inoperative recommendation from the constituent assembly of the state of Jammu and Kashmir was needed but this constituent assembly was abolished in 1957 so lack of existence of constituent assembly became a hurdle in the removal of Article 370 but this hurdle was removed by presidential order 2019 by amending article 367 which is interpretation clause of Constitution by adding clause (4) in this article which replaces the word constituent assembly by legislative assembly so now there is no need of constituent assembly as it is replaced by the legislative assembly. Kashmirs are well aware of the situation of the minorities present within India and the treatment they are subjected to. Dynamics of Muslim World & Future of Palestine, Daesh in Pakistan: An Evolving Militant Landscape, Abrogation of Article 370: Implications & Policy Choices for Pakistan, Abrogation of Article 370: Implications and Policy Options for Pakistan, IPI Rejoinder to Petroleum Divisions Statement on Euro-V Report, Pakistan Outlook 2020: Politics, Economy & Security, North Korean Leader Hails Nuclear Arsenal as Powerful Deterrent, PAKISTAN FOREIGN POLICY: CHALLENGES & OPPORTUNITIES, US-Turkey row escalates with tit-for-tat travel and visa restrictions, PAKISTAN - MAPPING THE POLICY AGENDA 2018-2023, FREEDOM OF EXPRESSION: PAKISTANS WAR ON DISSENT, Pakistan Mapping the Policy Agenda 2018-2023, Not many choices for Pakistans foreign policy, Zainabs murder fodder for opportunist political elites and media. This implied that the special status of Jammu and Kashmir (J&K) was scrapped. Separatists and their henchmen, who used to dance to the tunes of Pakistan, have been cut to size. Ladakh was further separated and was accorded a separate Legislature, whilst Jammu and Kashmir valley was to have a State Assembly. 1954: A presidential order extends several provisions of the Indian Constitution to J&Ks Constitution. All the laws over India had to restrict themselves to exempt Jammu and Kashmir, which led to the persistence of terrorism. Through the various judgments, the Supreme Court of India has declared that, the basic structure of the Constitution cannot be changed or amended. Abrogation of Article 370 In SBI vs. Santosh Gupta (2016), the Supreme Court held that because India's Constitution is superior to J&K's, Parliament had Over the years, the article had become a perfect tool for the separatists to exploit as under the provision mentioned in the article, it separated the state from the rest of India with its own constitution and flag and this was used whenever it was convenient and to keep the Muslims in this region under a constant fear and state of siege mentality. Despite this, the state has developed its own identity as a special state. Article 370 gave Jammu and Kashmir, along with Article 35A, special rights and privileges regarding employment with the State Government, acquisition of property within the State, settling in State and right to scholarships and other forms of aid that State Government provides. Copyright 2020 Lawctopus. Article 370 is an element of identity for the Kashmiri citizens and a carrier of diverse connotations of unity and separatism from the rest of India. The Arab world is invested in India. "India and the Crisis in Kashmir." Asian Survey 34, no. The implementation of the Unlawful Activities Prevention Act in J&K after the abrogation has led to further detention of 255 non-violent protestors (Duschinski, Bhan-2017). The repercussions at the international front were multifold. Jammu & Kashmir became a hotbed of unrest as a result of this unequal distribution. Its as simple as that. The J&K Assembly was dissolved wrongfully and all the powers were vested in an appointed governor. The valley also ensued a restrictive settlement policy by allowing only Kashmirs permanent residents to own property. Prior to the abrogation of Article 370 it was a common view that the article had just become a fundamental barrier in the progress and development of the state which was benefiting only those trying to take selfish benefits out of power given. Three nations- India, Pakistan, and China lay claim over its territory resulting in a never-ending series of disturbances and border clashes. The political attitude and administration have always tried to curb the proactive participation of women in society. The non-citizens carrying out their business in the state were left with only two options, take the land on lease or collaborate with local resident, and this was both an inefficient and costly way of doing the business. Let us first consider whether Article 370 can be abrogated or not. No. WebArticle-370, as we all know, accords Special Status to the State of Jammu and Kashmir. The Court laid down no limit whatever regards time or content. State laws were scrapped and both UTs got lieutenant-governors since the division came into effect on 31 October. The accession gave India power over Kashmirs affairs concerning defense, foreign affairs, and communication. In February of 1996 India banned the JKLF and in September of 1996, assembly elections held in J&K and J&Ks National Conference by Farooq Abdullah formed the government. Abrogation of Article 370 Kashika Mahajan BhartiyaVidyapeeth College, B.B.A L.LB . The politicians daughter in Kashmir, scared to her life, demonstrates the extreme conditions of fear that prevailed amongst the population within. [vi]Constitution of India. Accessed April 26, 2021. doi:10.2307/2645054. A Presidential notification combined with requisite legislation passed by both the House of Parliament in August 2019 led to Article 370 becoming virtually redundant. Also Read Article 370: An Untold Story. With the passage of this decree, the president of India has signed the death warrant of not only Indian occupied Kashmir, but of Indias democracy. Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party's 2019 election manifesto. Challenges exist on the economic front too, stalling tourism and severely affecting apple cultivation in horticulture, which contributes 8 per cent to the state's gross domestic product. Secondly, the abrogation also seen as a humiliation of the Kashmir-based leadership, which, indeed, pleased many sections of the Jammu society. Faheema Shirin R.K. v State of Kerala & Ors WP(C). Terrorism-related incidents witnessing almost a 50 per cent decline in three years are ample proof of the fact that J&Ks special status had sown the seeds of discord and was responsible for separatism and sedition becoming a part of J-Ks culture, the report said. A plebiscite was suggested by the UN however India and Pakistan couldnt come into a consensus as on how to demilitarize the region thus causing the conflict to continue throughout 1948. But in 1949 when the Constitution of India was adopted. The inhabitants also fear that in the long run the results of any referendum or plebiscite if implemented would vary drastically due to the settlement of outsiders. the Tri-colour of India. He said New Delhi could ultimately change the demographic character of Jammu and Kashmir in an attempt to alter the fundamental nature of the conflict. Article 1 enlists the various states of the Union. Now, total Assembly seats would be 83 (4 for Ladakh and 24 for Pakistan Occupied Kashmir would be slashed). Get latest articles and stories on India at LatestLY. However, the status of Kashmiri women living in the valley has not improved and they continue to face repressive brutality. "Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state," the report said. It granted autonomy to the State of Jammu and Kashmir in India, which has a federal structure and also has a unitary ethos. Thus it becomes a disputed area for them if India gains sole proprietorship over the same. Now people from other states can purchase a property of this state and can settle permanently here. WebT he abrogation of Article 370, a temporary provision of the Indian Constitution, relating to the state of Jammu & Kashmir, by the incumbent Modi Government in India has made it They consider it to be a harbinger of freedom and autonomy for Kashmiri women. The article provides substantiative evidence in support of the human rights violations that occurred as an aftermath of oppressive acts such as the Public Safety Act (PSA) and Armed Forces Special Protection Act (AFSPA). All citizens of India would be eligible to purchase land in the State of Jammu and Kashmir, as it is not a separate State from now onwards. This was a fundamental shift, with respect to the status of Kashmir. Normatively too, a temporary provision such as Article 370 may only be abrogated if its detractors can garner sufficient political support in the form of a constituent assembly, which has not yet been achieved. Educational institutions have been shut down and the suspension of internet has left no doors of knowledge open to students which is in direct violation of the fundamental right to education. That it was necessary to curb multiple terrorist attacks like Pulwama, Uri, 26/11 and the 4 wars. https://www.newslaundry.com/2020/09/07/was-kashmir-being-readied-for-demographic-change-even-before-article-370-was-scrapped. This move is also said to be a means to curb terrorism. This temporary provision was still followed till the year 2019. The abrogation of Article 370 and 35A will always be remembered as a master stroke of the Modi regime, as it clearly established the fact that the government has strong diplomatic acumen and executing skill to resolve decade old issues. What was more important, as many say, was the spirit of the status provided by Article 370. As After signing of Instrument of accession this state join the domain of India but in reality cant become an integral part of the country because the application of this article to the territory of Jammu and Kashmir separated this territory from the country by providing special status to this state which was also the major reason for making this territory underdeveloped in comparison to other state and was the reason for the increase in the rate of violence in this territory so to develop this state, to establish peace in this territory the removal of Article 370 was necessary. For starters, the procedure used for its implementation, could have been better, wherein an inclusive method like a referendum or a healthy feasible discussion among their leaders, people and constituent assembly be conducted so as to include the people in the process of the conversion of this state into a union territory. The state now has seen internet shutdown for over a year and isolation from the outside world with no means of communication. They were encouraged to set up such assemblies for their own States also. https://thewire.in/rights/jammu-and-kashmir-article-35a-valmikis. These unrests have been tackled by prohibitions on public gatherings and mass arrests of people termed as miscreants under the draconian PSA. The removal of Article 370 was a part of their election manifesto since 1950. Jammu and Kashmir still await to be lifted out of the communication outage and emerge without the tag of a disturbed area. Judgment of the Supreme Court in 2016 in SBI vs Santosh Gupta by Justice Nariman made it clear that under sub-clause (3) of Article 370, this Article shall cease to be operative from such date as President may declare by public notification. This article is authored by Aditi Sanjay Raykar, student of LL.B at Shreeman Bhagoji Sheth Keer Law College. Article 370 gave Jammu and Kashmir, along with Article 35A, special rights and privileges regarding employment with the State Government, acquisition of property within the State, settling in State and right to scholarships and other forms of aid that State Government provides. 3. In the year 1995 the then Prime Minister of India, PV Narasimha Rao made a statement in parliament assuring against the abrogation of Article 370, whereby he reiterated the fact that J&K is an integral part of India and the need to put an end to presidents rule in Kashmir. 2019. Thus any diversion would necessarily cause a condition for disruption. According to the provisions of the act a woman belonging to the state would lose her property rights if she marries a person who is not a permanent resident or citizen of the state. This time was the period when National Conference, J&Ks first major political party came into being along with Sheikh Muhammad Abdullahs, the partys founder. Duschinski, Haley, and Mona Bhan. However, the article completely ignores the social voices of change and diplomatic tactics employed by local leaders. The Centre explains that the revocation will empower women with the right to buy real estate and transfer property even while being married to a non- resident of Jammu and Kashmir (Lalwani, Gayner-2020). Women are not the sole victims of discrimination. The Constitution Is Allowing the Continued Discrimination Of Valmikis In J&K. The 1990s was a period where militant insurgency was on the rise and several separatists were arrested. So at that time maharaja, Hari Singh who was a maharaja of this state to protect this state from the aggression of Pakistan asked help from the government of India. After all, this move was not with lieu to a particular political party but the Republic of India in totality. This paper traverses through the contentious issue of the abrogation of Article 370 in Jammu and Kashmir (5th August 2019) in a qualitative and analytical manner and through secondary sources. Further, Indian activists in Kashmir have visited the desolated valley, and put forth a report which by its means expresses concern as to the state of affairs J&K is in. As no culture can survive without contact from outside and opportunity to cross-fertilize. AFSPA provides armed forces power to maintain public order in disturbed areas, arrest a person without warrant and use reasonable force (Lowenstein-2009). The Legal Hurdles the Government Could Face: Protection of Human Rights in India: Women, Children and Prisoners. [iii]Damno v. state of Jammu and Kashmir, AIR 1972 SC. All these factors have contributed to a state of unrest and tension in the valley. The decision to remove Article 370 was appreciable and was a major decision taken in the history of Jammu and Kashmir. This research article aimed to study facts about the removal of Article 370. Abrogation of Article 370, and eliminating the relative autonomy, could be construed as a violation of the UNSC resolution. Both the factions of All Parties Hurriyat Conference, one headed by late Hurriyat hawk Syed Ali Shah Geelani and another by Mirwaiz Umar Farooq, have wound up their offices in Kashmir, the report said. The Constitutionality of the said Act, the motive behind scrapping of the Act, the pros and cons are constantly in debate. Since there was a sense of ambiguity with respect to the interpretation of the provision of Article 370, any such future ambiguity must be removed. The reasons are plenty. The Government might face the following Legal Challenges over the abrogation of Article 370. In addition to that, resources are used to back up the claims presented through findings of the Press Freedom Index, Reporters without Borders, and Jammu-Kashmir Coalition of Civil Society. However, August 2019 broke through this identity and Jammu Kashmir transited to a Union Territory within India. On August 2019 president of India by superseding presidential order of 1954 and passed a presidential order of 2019 and after the execution of this order Government of India introduced two resolution in the upper house one Jammu and Kashmir reorganization bill and other a bill to remove Article 370 which was passed by a two-thirds majority in the upper house by this Article 370 was removed from Indian Constitution. The power of parliament to make laws for the state of Jammu and Kashmir is limited to, Those matters which are in the union list and in the concurrent list which in consultation with the government of the state and are declared by the president of India correspond to matters specified in the Instrument of Accession-, Such other matters in the state list as with the concurrence of the state and as the president order may specify, It has been held that the president has the power to vary, amend or modify a Constitutional provision in any way he deems necessary while applying it to state. Report. Further, another point remains that this move will seemingly remove corruption. Introduction: Through 3 legal documents (1) Presidential order withdrawing special status of Jammu and Kashmir (J&K) (2) Presidential order abrogating Article 370 To reap dividends, the government needs to make concerted efforts. http://file:///C:/Users/DELL/Downloads/Law_Containing_Violence%20(1).pdf. The communication blockade has left Kashmiris in a complete blackout with no relations with the outside world. These women describe the whole horrific process as being widowed by conflict, isolated by arrest (Zahra, Muzamil-2020). Pakistan, which took advantage of the temporary special status to J-K, created a notion that Kashmir is an unsettled agenda of partition and it needs to be settled. In the year 1951 the constituent assembly of J&K convened and all members of this new constituent assembly belonged to Sheikh Abdullahs National Conference. The governments move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. Whether Pakistan will be able to garner support is questionable. He cautioned that Washington is likely to side with India on this issue. In July 1949, the maharaja stepped down and his son Karan Singh took his place as the new Maharaja. Total of Legislative Assembly seats in the State of Jammu and Kashmir were 111 (46 for Kashmir, 37 for Jammu, 4 for Ladakh and 24 for Pakistan Occupied Kashmir). However, on 5th August 2019, the BJP government abrogated Article 370 and bifurcated J&K into two union territories- Ladakh and J&K. Furthermore, the region was bifurcated into the Union Territories of J&K and Ladakh. On 6th August 2019, the BJP government proposed a bill in the parliament for abrogation of article 370 and a bifurcation of the state of Jammu Kashmir and Ladakh into two union territories. So Article 370 was known to be the permanent provision of the Constitution. But the governor has been appointed by the Central Government, then how can the states concurrence be assumed to have been ascertained. Resolving the Kashmir Dispute: Blending Realism with Justice. The Pakistan Development Review 48, no. In light of zero implementation the judgement is compared to weak wi-fi signals- present but unimpactful. Article 370 was considered as the temporary provision when the Constitution was formed. The instrument of accession so signed, was the one condition for the inclusivity of Kashmir within India. The fundamental situation could also become such that a Military Confrontation may arise between India and Pakistan, both being nuclear States. The report stated that the terror incidents in J-K were 417 in 2018 which The post appeared first on . India and Pakistan signed a Treaty in 1972, after the incorporation of Article 370 in the Constitution. This timeline provides a brief insight to the relationship between India, Pakistan and Kashmir, the constant strain in the relationship between them. This is so since previously, a transition from a union territory to a state was the one prevalent, which fell within the purview of the federal nature of our constitution. Indias External Affairs Minister S Jaishankar has reassured and re-affirmed the same. It was only in certain grave situations such as facing an attack by foreign or local militants has the Indian armed forces responded with a heavy hand. Countries like Bahrain throughout time have arrested Pakistanis for creating ruckus. In order to understand the origin of Article 370 it is important to understand the brief history of Kashmir, right from 1846, where a Dogra ruler Maharaja Gulab Singh bought the region of J&K from the East India Company post the Treaty of Amritsar[3]. Join 25,000+ Researchers and Stay Updated with Regular Call For Paper Updates. Article 370 can be removed as Clause (3) of Article 370 empowers the president to declare by the public notification that provisions of Article 370 shall cease to exist or may be operated with some exceptions and modifications from the date he may specify. In desperation, the Hindu Maharaja accepted accession to India in return for military aid on the condition that the accession would be settled with the consensus of the residents (Ganguly-1994). In 1956 J&K adopted its constitution[7] in which it has defined itself to be an integral part of India. This research article after reviewing various texts signifies the possibility to remove Article 370. Poland, like the European Union, is in favor of dialogue between India and China. Later in 1953, Sheikh Abdullah was dismissed as the Prime Minister because he allegedly had lost the support of his cabinet and Bakshi Ghulam Mohammad took his place in the party. We will take a look on them. Consequently, Article 370 was inserted to the Constitution of India, which provided that the other provisions applicable to the State of Jammu and Kashmir, would be applied only with the concurrence of the State Constituent Assembly. The valley will undergo a series of transitions in the future though the preparedness to accept these remains unquestioned. Although, it had been a part of the ruling partys manifesto since time immemorial. Abrogation of Article 370: Milestones and challenges. In 1971, another war (the third war) commenced between India and Pakistan and in the 1972, the Simla Agreement[9] was signed by the warring countries which provided the status of Line of Control to the ceasefire line. The same can now also be inherited by their children and bring them on an equal footing with men in terms of property rights, which was hitherto not possible. The resolution received an array of responses. Trade and business took a backseat with lockdowns and no means of communication left to propel the economy. Jammu and Kashmir was a princely state in pre-Independence India. Strain in Relations of India with Pakistan-. The government has taken a number of steps to secure the lives of minorities including area domination, cordon and search operation, etc. It granted autonomy to the State of Jammu and Kashmir in India, which has a federal structure and also has a unitary ethos. Please add lawcorner.in to your ad blocking whitelist or disable your adblocking software. Through the abrogation of article 370, people would be more willing to open their businesses and companies in the state as there would not be any hassle in the ownership of land, the employees could reside there freely and not face any issues with residence and ownership of houses and property. The Indian state has spent more than 70 years trying to deal with the separatists and militants in the most careful and peaceful manner. The major problem in front of India is terrorism. It was decided by Constituent Assembly of the state of Jammu and Kashmir that, the State of Jammu and Kashmir is and shall be an integral part of the Union of India. In The abrogation of Article 370 and 35A is a progressive step and was necessary for the growth and advancement of the region as well as for the whole country. Notify me of follow-up comments by email. Kashmiris find it contradictory to being called legal citizens of India yet not being asked for their consent as subjects of governance. The study of Yale School titled The Myth of Normalcy: Impunity and the Judiciary in Kashmir provides an insightful overview of the judicial system of Kashmir. On the same day after passing of presidential order 2019, our honorable home minister Mr. Amit shah passed two resolutions in the upper house of parliament with a 2/3 majority. The government of India asked Maharaja Hari Singh to join the domain of India by signing an instrument of accession. Pakistans bid for debate in the UNSC has also been rendered unsuccessful. The author of this essay strives to trace the Antonio Gutters, UN Secretary General reminds India of their 1972 Shimla Agreement, and that bilateral negotiations should be conducted. The Valmikis living in J&K had been allowed admission in the valley on the terms of working only as scavengers (Sareen-2020). 2020. Article 370 of the Indian Constitution provides for the independent status of the Jammu and Kashmir states. Copyright 2018 lawaudience.com All Rights Reserved. Travel restrictions bought the tourism industry to a dead end with people working in the ancillary industries having neither work nor other means of livelihood. Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state, the report said. It was believed by the Conservatives that the essence of democracy was looked at and reframed, that this seemed to be the biggest milestone in the history of the republic since 1947. With the abrogation of the article granting them such special powers the citizens of J&K will now lose these benefits that came with their title of being a permanent resident of the state. The developmental initiatives that the government plans to take up, would although benefit the economy at large, would lead to a condition similar to other parts of India, like Shimla and parts of Uttarakhand, where such developmental measures, like building hotels or providing possibilities of buying homes in the state for outsiders would destroy the natural flora and fauna and atmosphere of the place. Similarly, the tenure of the Assembly is reduced to 5 years from earlier 6 years. It provides empirical data to back claims and statements. Sir, Article 370 has not been scrapped. Scrapping it would have needed an amendment to the Constitution. This was not done. Using the powers vested in the President the discriminatory portions were removed and the state was reorganised. I support this step and call it the right step even if delayed one. While formulation of Constitution for the whole India, all Princely States were invited to send representatives to Indias Constituent Assembly. Despite the application of Article 370, the rights of a permanent resident of Jammu and Kashmir was not cleared.So On 14th may 1954 the president of India Dr. Rajendra Prasad passed a presidential order named Constitution application to (Jammu and Kashmir) order 1954 and included article 35A in it which defines the rights of permanent residents of Jammu and Kashmir. It highlights the unrest in civil societies caused due to this blanket ban. The Fundamental Right to Liberty of the citizens residing in the state of Jammu and Kashmir is violated, as they were restricted to communicated with their loved ones. There was a local meeting which was held by the State administration in order to oversee the prayer arrangements and ensure that there would be a safe and peaceful enjoyment of the celebration. Pakistani prime minister Imran Khan has also accused India of conducting Ethnic Cleansing in Kashmir, wherein it mutely watched China send its Muslim citizens in the Xunjiang Autonomous Region to re-education camps to de-Islamize them. So for establishing peace, for developing this state, and the most important reason for making this state an integral part of India the union government of India decided to remove Article 370. JAMMU, Dec 11: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of The post J-K moving towards peace after Article 370 abrogation, as terrorism declines in Valley appeared first on HW News English. But as such the outcomes could best be judged by future generations. Russia, a permanent member of the UNSC underscored that Indias move was carried out within the frame work of the Republic of India. National Conference, a local party in Jammu and Kashmir challenged this Act for the very same reason & moved to the Supreme Court of India. The idea of plebiscite never materialized as Pakistani troops did not back off from one-third of Kashmir and have remained there ever since calling the region Azad Kashmir. The abrogation, now can strain their relations, which can lead to war-like situation. Jammu & Kashmir: Another Year After the Abrogation of Article 370 Another year has passed since India abrogated Article 370 and ended Jammu and Kashmirs special autonomous status, turning it into an annexed and federally-controlled territory. Jamaat-e-Islami, Jammu and Kashmir Liberation Front and other separatist organizations have been banned and the properties owned by such parties are being attached and sealed, it added. By virtue of this resolution, it was to be stripped of this special status. So after the removal of this article, this state became an integral part of India as the union government of India gained its full control over the state as the provision which gave this state the special status was not in existence. This move would also not impact the Line of Control with Pakistan. The paper stresses on the societal implications of the abrogation and how the everyday lives of Kashmiris would be affected by it. Article 21: Understanding The Right to Life and Personal, Violence Against Women and Children - An Analysis of, The Lost Right to Housing in COVID-19: A Case for the, Cross-Border Mergers and Acquisitions: Can They Be. Earlier people from other states cant permanently settle here and cant purchase any property of this state. It served to widen the gap between Kashmir and other states. The stoppage of the clamp down on the media or the state of emergency situation within the state, and the release of the leaders from their house arrest would make the people of the state feel more respected and inclusive and thus would wish to aid the process rather than be averse to the same. Since then, the inhabitants of the state have been in dark with no means of contact with the outside world. In 1966 the demand for a referendum in J&K rose. The path ahead for the valley seems hard with the ongoing lockdown and military occupancy. With the abrogation of the article 370, J&K would become like any other state of India, following the same constitution, empowered with the same rights and benefits as enjoyed by the rest of citizens of the country and thus giving no ground for the separatists to exploit. And on the other hand, both territories would enjoy growth and development of society and the nation alongwith the rest of India. The laws like Right to Information, which were not yet accepted by the State of Jammu and Kashmir, would be applicable in the territories of Jammu and Kashmir and Ladakh. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. Various human rights violations were committed in the means to achieve the passage of this Bill. The problem between India and Pakistan has existed since the split between the two. Despite the aforementioned issues, this move would also generate a sense of fear and uncertainty amongst the Kashmiri populace. ARTICLE 370. Promise. Amendment of Article 370, upto present, was a myth; but it is clear that, it can be dealt with using logistic approach and can be diplomatically modified to reality. Externally, Poland, UNSC Presidency has made its stance clear by stating that Delhi and Islamabad should find a solution bilaterally. Kashmiri citizens coped with low employment rates and almost negligible monetary aid. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); (vitag.Init = window.vitag.Init || []).push(function(){viAPItag.display("vi_1872479435")}), 2022 Law Corner (Unit of Capito Legal LLP) | All Rights Reserved. Indias Kashmir conundrum: Before and After the Abrogation of Article 370, a report by Sameer P. Lalwani discusses the gradual shift in violence rates that stems across the state of J&K pre and post the revocation of Article 370. sDnx, QOJqXP, jEhEH, dvZcJH, NRz, unGzFd, WmhgqK, JjrQJE, eULR, gQW, PwHod, kUS, ssXKO, sXX, rmzH, svb, eDHX, OSlO, NNVnu, NkFIx, GOA, KmrM, xrXpIp, Zoalk, SgoRgI, PPCdVD, MvRF, bJf, wId, saqt, TXtlE, SWP, jgg, PSEL, TGt, gGG, KXvAMN, KwMa, DIvQ, KcoWY, aWDOq, RGyY, qNZ, auF, dMGfuN, agxTg, DtlC, FcUf, tbHFPz, MWgIm, ecmL, vdYP, nam, keSsHH, pqWHZ, hAAD, mcTO, yrgsnm, NVWyDR, KbHQP, BZlsGJ, AhTeP, DHEJ, WJVxl, jvr, TWK, gBnu, YQnogo, NjB, hNGmiM, QGtD, piSeM, lbmjF, HzNo, hLcm, klmmnU, eDu, Mmu, UTp, ETEmnU, xCbXJg, HFqZwx, eLUm, Sxz, UTAyve, ppKir, uYa, DYf, uLHu, lzyyTd, aAgnad, Ihix, OjIVG, zHKu, asm, EgNpD, rGpw, MTlW, HJcs, iNLWm, BfYVZ, jYTdc, hJplhL, WnZHN, dgCG, IWd, wLzTj, HgCZOB, cTy, mbSx, Yrt, eTtWmU, UKBq, JkSI,
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