Why Kashmir Does Not Need Article 370, Article 35-A, Or Elections 

BB Desk
BB Desk

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Syed Azhar Jawad Hashmi

The political parties of Kashmir, especially National Conference and PDP, are resorting to dramatics over Article 370 and Article 35 A. They are telling people that they will restore these Articles.

The political parties are claiming that these Articles were abrogated without the will of the people, without bringing the matter to the Assembly of Jammu and Kashmir. People are amused by this argument.

People are asking – when the Indira-Sheikh Abdullah accord happened, was the will of the people taken into account by National Conference or by the Congress? No.

Before the 2002 Assembly elections, Mufti Sayeed and Mehbooba Mufti had understanding with the Hurriyat, the separatists, with Jamaat e Islami, and with militants so that PDP could win the elections and form the government. 

PDP’s tango with these anti-India forces continued during their regime, and even thereafter. The entire Kashmir knew it. Did Mufti or his daughter ever seek the will of the people for doing so? No.

The innocent people of Kashmir were bearing the deadly consequences of PDP’s continuous association with these destructive forces. Did PDP ever seek the will of the people for continuing this association? No. 

‘Nothing Illegal About Abrogation Of Article 370 or Article 35-A’

What is the locus standi of NC or PDP in raising the issue that GOI did not seek the will of the people before the abrogation of Article 370 and Article 35-A? NC and PDP can only fool the outsiders with this positioning. 

They can’t fool the Kashmiris who know everything about what went on in Kashmir.

Let us also remember that there is nothing illegal about the abrogation of Article 370 and Article 35-A. The Parliament of India represents the supreme will of the people. Both Houses of the Parliament of the Republic of India gave their consent for the abrogation of Article 370 and Article 35-A with huge majority. 

‘NC, PDP angry because they could not make deals’

In Jammu and Kashmir, we all know what is the problem of NC and PDP with the abrogation. GOI did not give them time or opportunity to make any deals before the abrogation.

They would have demanded that all cases against them relating to irregularities should be dropped. They would have demanded that overwhelming and compelling evidence of their complicity in the conflict economy should be erased. 

NC and PDP leadership did not give any space to the will of the elected representatives or the will of the people in their time. It did not happen earlier, it did not happen now. So why cry? 

GOI finally came to know that NC, PDP and the other political players of Kashmir cannot be trusted to deliver anything for the welfare of the people.

GOI came to know that for all these years, these political parties had misled the people. That is why GOI kept them confined to safe houses before and after the abrogation, so that these political players could not engineer any agitations or public riots that would lead to destruction and deaths.

‘Abrogation has made no difference to the people’

Let us get one thing clear. Abrogation of Article 370 and Article 35 A has made no difference to the people. If people wanted to protest the decision, Kashmir mein khoon ki nadiyan hoti (we would have seen rivers of blood). 

People are wise. After the abrogation, for the first time a democratic and public-welfare oriented set-up is seen in Jammu and Kashmir. People are happy. They only want assurance that their land, their jobs shall be protected. GOI has provided for enough laws to guarantee these to the people. Article 370 or Article 35-A are not needed. 

‘We Can See Positive Shifts At Ground Level’

We can see positive shifts happening at ground level. The pace is slow because we have a near-total homogenous society. The youths can still be misled by those religious clerics who are agenda-driven. 

We are seeing a major change in the youths who are coming into politics. Their thinking has changed. They are not anti-India now. Pehle yahan sab politicians apni rotiyan sek rahe thhe. Now the youth are sensitive that India is fighting a war against terror. The youths are ready to move from aman (peace) to reconciliation. 

And we still have to effectively deal with Pakistan, which only wants to destroy us.

‘There should be no elections for at least five years’

Elections should not be held in Kashmir at least for the next five years. Otherwise we shall witness the same tabahi as before. The destructive political forces  will take only a week to get militancy back in full force. 

With purane log, you will get the purana tamasha. Then generations of Kashmir will be destroyed again. GOI must not announce elections till NC and PDP are out of the race. 

The other parties do not offer the alternative that people need. Shah Faesal was a good concept. It would have been good if he had entered the political fray now.

Shah Faesal came at the wrong time. Before the abrogation of Article 370 and Article 35-A, Kashmir was still in the stranglehold of the old siasat.

If Shah Faesal had come now, at this point he would have got huge backing of the people. 

‘J&K Needs Nayi Leadership and Nayi Sarkar’

Shah Faesal came with no baggage, no corruption. Shah Faesal at this time would have meant J&K siasat mein naya rang. He would have represented Nayi Leadership and Nayi Sarkar. Shah Faesal would have given people reason to hope. 

J&K should have elections only if there is someone like Shah Faesal in the political fray. Otherwise elections shall be complete bewakoofi and a total waste. 

If GOI organizes the elections within one or two years and power goes back to NC or PDP, all the gains made in Kashmir will be lost. Kashmir mein dobara andhera ho jayega.

NC and PDP are shouting for Article 370 and Article 35 A. Tell me this. What did these articles deliver to the ordinary youths of Kashmir? The youths love their land and they want jobs. The government will ensure that for the people through the laws of the Republic. 

‘Earlier, Everything Was A Deal In Kashmir’

What was the role of Article 370 or Article 35 A? Everything was a deal for the political parties of Kashmir to arm-twist New Delhi and get what they wanted for their personal fiefdoms, to build their personal empires.

Now even the Defence Minister has said that the Armed Forces Special Power Act (AFSPA) will be removed from J&K once there is permanent peace.

GOI does not want to make Kashmir a Hindu area. GOI only wants peace and progress here. We don’t have good political leaders who talk to the people about these huge pluses. 

The issues which require focus are to get POK back from Pakistan, and get back the land occupied by the China Pakistan Economic Corridor (CPEC). All the shor by NC and PDP over Articles 370 and 35 A – none of these matter to the people.

‘Kashmir’s dynast politicians want to bring the old darkness back’ 

The leaders are creating the shor because they want to protect their huge properties and their lands. As chief ministers, Omar or Mehbooba had no love lost for the boys who were protesting or throwing stones. Now they want to bring back those times of protests and stone pelting when youths were dying on the roads.

People remember very well what neighbourhoods like Downtown Sringar or Maisuma were like, before abrogation. You could not go to Maisuma after 4 pm, the terror threat was so high. Now you can be dancing your way into Maisuma at 10 pm, it is so peaceful. 

‘GOI had strong and valid reasons to remove Article 370 and Article 35 A’

What do NC and PDP think? That people don’t appreciate all that GOI is doing to ensure good governance? GOI had strong and valid reasons to remove Article 370 and Article 35 A. They did it. 

The political leaders who are making this an issue – their only grouse is that why didn’t GOI give them space and time for deals over the removal of Articles 370 and 35 A. Their only grouse is – Hum se kyon nahin poochha. Why weren’t we consulted? 

These leaders only wanted to protect their own interests, their own assets and jayedad. The removal of Article 370 and Article 35-A shook up their entire system of fraud and deceit. That is why the political players are shouting. They want their old deceitful systems back. 

(Syed Azhar Jawad Hashmi is a social activist. He runs a Trust named Muhafiz for youth welfare)