By Firoz Khan for TwoCircles.net
Chief Minister of Gujarat and BJP’s prime ministerial candidate Narendra Modi addressing a rally recently in Jammu demanded that there should be a discussion on Article 370 that grants special status to Jammu and Kashmir. Naturally this sparked a protest form many other parties. On one side is the BJP and on the other are all other secular parties. J&K is ruled by the National Conference and Omar Abdullah is the chief minister. Omar and his party are in favour of article 370 and therefore he is the first to raise the objection to the demand of Modi and BJP. Omar blamed Modi for spreading lies and misguiding the nation. He threw a challenge to Modi or any of his representatives to discuss Article 370. Till now the BJP as a party hasn’t accepted this challenge. But the president of J&K wing of the BJP Jugal Kishore Sharma has asked Omar to fix date and time to discuss the matter.
It is not clear whether Omar and Jugal will really discuss the matter or it is simply challenging each other to keep the heat on. This matter must be discussed but not in public forum. The right place is the parliament. BJP and other political parties, from time to time, raise the issue of reconsidering the validity and usefulness of Article 370 of Indian constitution. But none seems to be serious about the issue. BJP raises the matter particularly at the time of elections. Once, elections are over no one from that party say anything till next elections. This shows the hollowness of its intention.
Special status: Kashmir is India’s most militarized area.
Article 370 of Indian constitution grants special status to J&K. According to this Article Indian laws and constitution can’t be implemented in that state. As for J&K the Indian government can take decisions related to foreign affairs matters, telecommunications, defence and finance. Excepting these four matters J&K is authorised to take decisions in all other matters. Under the Article 370 J&K has been authorised to have its own constitution and laws governing citizenship. Under this Article J&K has been granted an autonomous status. In India Parliament being the supreme can only enact new laws or amend the existing laws. These laws have to be implemented throughout India but not in J&K. Interesting thing is that any new law or amendment passed by Indian parliament has to be ratified by J&K legislature. If they are not ratified by the state legislature these can’t be implemented in J&K. It means the J&K legislature is above the Indian parliament.
Bhartiya Janata Party (BJP)was originally founded as Jana Sangh by Pandit Shyama Prasad Mukherjee and he was the first president of the newly formed party. Mukherjee was a cabinet minister in the cabinet of Jawahar Lal Nehru. Nehru signed an agreement in 1950 with the first prime minister of Pakistan Liyaqat Ali khan and Mukherjee resigned in protest. His opposition to Article 370 was well known. He believed that by enacting Article 370 the Indian government of the time surrendered to Shaikh Abdulla, grandfather of present day chief minister Omar Abdulla. He considered Article 370 a tool to create the third country out of old undivided India. At that time the chief minister of J&K was called the prime minister! From time to time Article 370 was amended and made softer. But still it grants J&K such special status that the impression it carries is J&K is not one of the Indian states but a separate country.
The Indian constitution has granted some basic rights to its citizens. The people of J&K are free to live and own property anywhere in India but no Indian can buy any land or property in J&K. Modi said that women in J&K have not been granted same rights granted to men. There are discriminatory laws. If any man from J&K marries any woman from any part of India that woman after marriage is considered J&K citizen but if a J&K woman marries any person outside of J&K she loses her right of citizenship.
These are only a few example that show how Article 370 doesn’t allow Indian laws to be implemented in J&K. The main thing is that India spends money to manage the administration of J&K. Any development taking place in J&K is because of taxes paid by Indian tax payers. Providing security is the responsibility of Indian military. India is responsible to provide all facilities but have no right over J&K.
Most of the Indians are not aware of all these. And even if they are aware of they don’t care to bother about it because they know that it will not be changed. It’s only BJP right from its earlier avatar Jan Sangh is after abolition of Article 370 but nothing so far has happened. BJP is also only interested in whipping the emotions of its Hindu vote bank. Abolition of Article 370, Common Civil Code and Ram Mandir at Ayodhya are only vote catching planks for BJP. And the people, by and large is also aware of this. It is not at all serious to solve the issue. This doubt is because when it came to power it not only completely forgot about Article 370 but present day chief minister Omar Abdullah was inducted in the cabinet as a Foreign Minister!! BJP always has double standard and double speak.
Modi is also not serious about solving the issue. He knows it very well. Even if he becomes the PM he can’t solve it. We don’t know, Modi whose knowledge of History is very poor, how much he knows about the background and history of Article 370. He has proved his knowledge of History by making mistakes one after another. His admirers say, “Nobody is perfect!!”
There are a number of other Article granting special statuses to states like Mizoram, Assam, Meghalaya and even one for Gujarat from where Modi comes. Why Modi and BJP do not talk about those articles? Why only about Article 370? Why Modi is raising this issue now? Why only when he went to Jammu? Those who believe each and every word of Modi are not asking him these questions? Indians, particularly Gujarati living in India and abroad shouldn’t shy of asking him these questions. A person who dreams of becoming PM of India should be able to and must answer.
I am sure if and when BJP forms a government it will be a coalition one and Modi will certainly take support of National Conference and Abdullah family. It will be worth watching him and his action on Article 370.
—
Firoz Khan is a Canada-based commentator.