Three Indian Laws - Part I: Article 370-35A

 Modi government has implemented or in the process of implementing three new laws that is changing India from how it was conceived in 1947. It is disturbing for some while other welcome these laws as representation of the 'New India'. I am going to give my perspective on three laws:

• Article 370 of the Constitution of India
  
• Citizenship (Amendment) Act, 2019
• Uniform Civil Code

 Article 370/35A of the Constitution of India

 Article 370 of the Indian constitution[a] gave special status to Jammu and Kashmir, a disputed region between India, Pakistan and China since 1947. Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.

Map of Kashmir

Article 35A was introduced through a presidential order (not a legislative process) in 1954 to extend Article 370. It allowed Jammu and Kashmir’s legislature to define who would legally be considered a permanent resident. It also gave the state the power to limit the rights of non-resident, Indian citizens which translated to non-residents being prohibited from owning property, obtaining government jobs, and getting government scholarships or assistance in the state.

 On 5 August 2019, Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir. A further order on 6 August made all the clauses of Article 370 except clause 1 to be inoperative. Why is this important? 

Human and Women's Rights with Article 370/35A

Kashmiri Lady with Child

1. Equal rights of all citizens of India - ability to move permanent residency, own property, obtain government jobs, and get government scholarships or assistance was restricted to citizens of Kashmir.
2. Kashmiri women who married someone from outside the state were barred from passing property on to their children.
3. Kashmiri women were excluded from protection against domestic violence available to the women of India.
4. Kashmiri Muslim women were not protected against automatic divorce or “triple talaq” in which the husband’s repetition of the word “talaq” three times constituted a formal repudiation of his wife.
5. Affirmative action programs were not available to members of Scheduled Castes in Kashmir educational, economic, and political opportunity.
6. Kashmiri children under the age of 14 did not enjoy this right to education nor were they protected against child marriage.
7. Under Article 35A, the indigenous Hindu Kashmiri Pandit population who migrated out of state during ethnic cleansing by Islamist extremists were stripped of their permanent residency with no way of gaining it back.
8. LGBT community in Kashmir were not not protected as in case of  Indian law.
9. Local self-governance at the village level (similar to city councils) was not applicable to Kashmir.
10. Many of India’s anti-corruption laws were not applicable in Kashmir.

Refugees from Rawalpindi Division

We should realize that Article 35A was imposed to restrict the Punjabi and Sikh refugees from Pakistan from settling in Kashmir. This was done under the excuse of protecting 'Kashmiriat' against Punjabi speaking refugees. In 1947, West Punjab was rocked by communal violence, culminating in massacres of Sikhs and Hindus in NW Frontier and Rawalpindi Division.

Genocidal Path of Refugees to Amritsar

Rawalpindi division was connected with Kashmir and it was the shortest route to safety for those fleeing ethnic cleansing in Rawalpindi division. Tens of thousands of refugees fled the area, seeking shelter in Jammu and Kashmir.This article allowed Kashmir state to seal the border and block the Punjabi population taking shelter in Kashmir.

Sikh Refugees escaping Genocide in Pakistan - 1947

So what happened? These Sikh and Hindu refugees were denied entry to Kashmir and directed to enter India via a longer route to Amritsar border. These hapless refugees were harassed, looted, raped, and massacred on the roads, on trains, and suffered due to Article 35A. It was discriminatory against Punjabi population - Hindus and Sikhs. 

Refugees arriving in Amritsar from Pakistan

This decision of Kashmir state and Indian government blocked safe passage to the population from Rawalpindi division fleeing a genocide, and as a result thousands fell victims to violent Pakistani mobs on their ill-fated journey to Amritsar. Those who survived, were scattered in makeshift refugee camps all over India. Families lost connections to their kins, language, and heritage as they settled on non-Punjabi speaking states of India. 

Their heritage could have been protected if they were all settled together in one location - Kashmir, the closest place adjacent to their ancestral homeland.

So, I guess Nehru and Sheikh Abdullah protected 'Kashmiriat' at the cost of humanity and loss of 'Punjabiat' of these refugees from Rawalpindi division and NW Frontier regions.

Nehru and Sheik Abdullah Together

If these enterprising Punjabis - Hindus and Sikhs were allowed to settle in Kashmir, they would have contributed to the economic uplift of the region, prevented the Pakistani-trained militants to disturbing the peace of Kashmir Valley, and potentially saved the Kashmiri Pundits from extinction in their homeland. 

In my humble opinion, the abolishing of Article 370 and 35A corrects the mistakes made in the past. It levels the field and allows freedom and economic growth to take place in Kashmir:

• Citizen of Kashmir now enjoy the same freedom and liberty as the rest of India
• Women of Kashmir are now better protected against freedom to marry, domestic violence and instant divorce controlled by men.
• Scheduled castes and protected minorities ill benefit from affirmative action programs
• Removal of Article 35A will encourage investment by corporations and individuals and kick-start the economy
• Kashmirs are now equal citizen of India like other Indians
• Kashmiri Pandits can now return to their native homeland
  
• All of the above will create a safe and peaceful environment where Kashmiri youth will get jobs and take responsibilities of their families instead of picking up gun and running to the jungles
• Punjab being the neighboring state is positioned to benefit most from these changes and enterprising Punjabis can now invest in Kashmir and help it grow,