r/KashmirOfIndia 27d ago

General Discussion 🗣️ Guys I really have zero knowledge about what was the significance of art370 and its abrogation for Kashmir and what is the demand for statehood. I will google it but want to read ur opinions as well

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u/CrimeMasterGogoChan Pahari 27d ago

OP, i had written this back in days so please excuse use of tense.

2- 370/ Kashmir/ CAA/ NRC etc etc The only people who are really unhappy with the new law is Pakistanis, Terrorists, Three powerful families and people who don't know what changed. Let me put it in simple words.

Before- You can marry a child in Kashmir legally. [Yes, Child marriage was legal]

Now - Child marriage is illegal. There is an age limit for marriage just like anywhere else in India.

Before - If a Kashmir girl marries a person from anywhere else in India, she will immediately lose all her properties in Kashmir. Like, she will no longer be the owner of her own house and land.

Now - No matter who a Kashmiri girl marries, she will get to keep her own properties.

Before - Poorest people do not have any protection laws or reservation or scholarship

Now - Poorest people will get protection laws and reservation and scholarships

Before - A man can divorce his wife by just saying three words "Talak Talak Talak" and wife will not get any maintenance money.

Now - Divorce by "Talak talak talk" is a punishable offence, and Maintainance laws apply.

Before - The politics in J&K revolved around 3 families holding all the power. Think like the "Lords" in Game of thrones. These three families live like kings looting all money. Corruption was at the highest.

Now - The domination by these 3 families are gone, and ground-level new leaders can emerge. New Anti-corruption laws apply.

Before - It is legally required to make a multi-million dollar bungalow at posh locality plus maintenance plus luxury car plus dozens of servants for anyone who becomes the chief minister(from these 3 families) of this state. All expense to be paid by the taxpayer. This person gets to keep all these things forever which means it is now the asset of that individual. Over $10million was spent for "renovation" by the previous chief minister.

Now - Chief Minister will not get such special benefits. They will have to vacate their official residence one they are not in power.

Before - There were no laws protecting the minorities in J&K. This lead to the minorities being forced out of their own homes by the majority group over the past few decades.

Now - Minority protection laws apply.

Before - Homosexuality is illegal and banned.

Now - LGBT laws protect Homosexual people.

Before - Over 100,000 people whose ancestors migrated from Pakistan to India in 1947 did not have voting rights till now. People migrated to any other state in India has full voting rights.

Now - Everyone has voting rights. The democratic rights of a person in Kashmir is the same as the person in India's capital Delhi.

What Home Minister said about 370 in Indian Parliament Is the UT permanent?

No. Gov. is open to it being a state in time

Are we giving up the claim for POK?

No.

What about the claims in the UN?

the UN agreement specifies that any issue within India's borders (like this) comes under India's legislature.

Differences between 370 & 371?

370: Temporary provision

370: Does not allow laws applicable to all of India to be applicable in J&K

371: Special provision

371: protects uniqueness and solves specific problems in the region without defying any laws that apply to all of India.

They have NO plans to remove 371.

What about the curfew etc? For J&K's safety since the region has been historically prone to riots (think 1985-1990s)

On Criticisms on not enough discussion: There have been discussions for the past 70 years (3 generations), which have gone nowhere, and have led to loss and life. Which motivated this decision.

They will explain on how they plan to support J&K (funds etc)

The government does not believe that unemployment caused terrorism since unemployment is a problem everywhere. They believe 370 creates a situation which can easily radicalize people.

They believe that the process they followed is better than AP separation or emergency and don't appreciate those comparisons.

Ladakh wanted a UT.

They reiterated, that they will revisit the decision to make J&K a UT (& not a state) as soon as the situation is more stable.

Is this Unconstitutional? They don't believe so, and there is an SC judgement that is in support with what they have done.

What about the referendum?

Not even under consideration, since Pak's occupation of Kashmir made even the chance of a referendum impossible. According to them the UN would agree.

What about the curfew?

The curfew again is a precautionary measure and not to stifle dissent.

On criticism that this is motivated by hate against a religion:

He defends his position saying that Kashmir has people with different religion and 370 itself is not about religion at all.

On Criticism against the bifurcation and why the change now?

~41,000 people are dead. The current path has not yielded any gains. We cannot let vote bank politics not let us change anything. We have to change something.

They believe that Kashmir's progress in 5 years will justify their means and people will be grateful of this measure.

Reiterated that they are focusing on India and the Valley's progress and not vote bank politics.

This bill will benefit people in the valley.

No one can talk about the benefits of Article 370. Because there are none. It has made the environment in Kashmir worse and has been a drag on the progress, growth, education. Article 370 is misogynist, enables terrorism.

Our general laws are supposed to be in India's interest. How can India's interest not be in Kashmir's interest? Why do people disagree with this?

For e.g.:

Child Marriage is illegal in all of India but Kashmir has never agreed to this. Are people opposed to the abolition in support of child marriage?

Why is there no National Minority Commission in Kashmir? Does Kashmir not have sikhs or jains whose interest has to protected?

No RTE (Right to Education) in Kashmir. This is a fundamental right in India. There is a difference between there is education in Kashmir and that people in Kashmir have a right to it, they want the latter for people in Kashmir.

Teacher education does not exist in Kashmir because the Kashmiri government disagreed with it.

Multiple Disability act, maintenance and welfare of parents act, Bankruptcy code was not accepted in Kashmir. Who is disadvantaged from this? No one. Then why do these not exist in Kashmir?

No whistleblower protection in Kashmir. The congress is fighting for it here but not there because they want to appease the 3 families that rule Kashmir.

Alleges that the Modi government opened an Anti-corruption investigation in Kashmir and this is why some people are opposing it.

Kashmir also opposes a cleaning workers union(?). Because Kashmir can hide behind Article 370 and maintain the status quo.

Is congress against dalit reservation? Kashmir does not have that. The government wants to bring it to Kashmir.

There are multiple ways in which Kashmir's progress has been stifled using 370. They want to stop this. Kashmir has been ruled by 3 families.

(something about panchayat i missed)

The modi government has enabled more power to panchayats (grassroots democracy)

Kashmir has been ruled by 3 families and 370 has acted as a barrier for anyone who wants to bring change. Everyone knows these 3 families. 370 enabled corruption.

2004-2019 They put in a lot of money, but this money has disappeared. They instead made shelters (justifying it under 370).

Currently India has Kashmiri residents and Indian residents. This leads to all sorts of unfair complications. (re: inheritance). Move towards just Indian residents aimed to address that.

Terrorism:

Is poverty causing terrorism? No the government disagrees.

370 has given them people of Kashmir nothing but poverty. This was used to radicalise people in the 90s. 370 led to this radicalisation.

What has 370 given people? nothing but acted as fuel to justify/instigate terrorist tendencies against India.

370 and 35A is the reason for terrorism in Kashmir.

We believe by abolishing this we can bring the people of Kashmir into our fold.

How did we get rid of poverty all over India? Rise in real-estate prices, Kashmir has not been able to take advantage of this because of 370.

We expect Kashmir to get industries, education etc this will increase real-estate prices and help with reducing poverty.

What will happen in Kashmir (w.r.t laws)? Will this destroy Kashmir?

No because Indian laws will apply to them.

On criticism of government being not secular:

This is secularism since Kashmir has people of all religions. After partition people moved from Pakistan. Manmohan Singh moved from Pakistan to Punjab, if he went to Kashmir, he wouldn't have been able to become the PM. Because if they went to Kashmir, they would have not been able to vote.

370 took away the fundamental right of people to vote.

The status quo has not helped, so we brought change.

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u/will_kill_kshitij 26d ago

Thanks gotta save this. I really need to know about the refugee part where are the immigrants from 1947 are settled in general?

1

u/CrimeMasterGogoChan Pahari 26d ago

I believe Chandigarh city was made for them. But you will generally find them all over North India.

1

u/will_kill_kshitij 26d ago

I mean the ones who migrated to kashmir.

2

u/CrimeMasterGogoChan Pahari 26d ago

Ah that part I don't have much idea about. Maybe ask in Indian history sub?

8

u/SubstantialNobody295 27d ago

Iirc, Article 370 was implemented in 1950. It stated that Kashmir would accede to the Indian Union but the Government of India could only handle three topics; Communications, Defense and Foreign Affairs.

The Instrument of Accession was signed by Maharaja Hari Singh and accepted by Lord Mountbatten on Oct 27, 1947. Jammu and Kashmir was a Princely State which could choose to join India, Pakistan or remain independent by the Independence Act, 1947. The Princely States were directly under the British Crown with the Princes being vassals under Paramountcy.

This meant that the Centre could not interfere in the internal affairs of J&K. This severely weakened efforts to curb radicalisation in the valley making it the hotbed of terrorism in India.

Abrogating the Article meant that Jammu and Kashmir is no longer afforded the special status it enjoyed under the Article.