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Thursday, 29 May 2014
IMPLICATIONS ARTICLE 370
Implication of article 370
Article 370 is the procedural mechanism of extending Indian Constitution in the State of Jammu and Kashmir. But under the cover of article 370 hurdles created in implementation of important articles of Constitution of India and various welfare laws in the State of Jammu and Kashmir. Article 370 was abused and more than 130 laws are not implemented in the State. RTI, RTE, Prevention of corruption act, and laws related to STs, OBC etc are not implemented in the State.
By misusing the article 370, A presidential orders was passed in 1954. The order clearly says “ in exercise of the powers conferred by clause (1) of article 370 of the Constitution , the President , with the concurrence of the Government of State of Jammu and Kashmir , is pleased to make the following order…..This order further says “ after article 35, the following new article shall be added, namely”:-
Article 35A. Saving of laws with respect to permanent residents and their rights. - Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereinafter enacted by the Legislature of the State:
(a) Defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir;
(b) Conferring on such permanent residents any special rights and privileges, or imposing upon other persons any restrictions, as respects:-
(i) Employment under the State Government;
(ii) Acquisition of immovable property in the State;
(iii) settlement in the State; or
(iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provisions of this Part.
Comment- Under the rights and privileged conferred by article 35A of our constitution Jammu Kashmir assembly defined Permanent Resident Ship section in their constitution.
2. Artcile 35A was extended through The Constitution (Application to Jammu and Kashmir) order, 1954. C.O 48
3. The order clearly says “in exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of State of Jammu and Kashmir
4. By doing so they restricted the rights of people of the country in the State. It is clear violation of article 14, 16 and 19 of Union Constitution.
. Section -6 Permanent residents:-{1) Every person who is, or is deemed to be, a citizen of India under the provisions of the Constitution of India shall be a permanent resident of the State, if on the fourteenth day of May, 1954-
(a) he was a State Subject of Class I or of Class II; or
(b) having lawfully acquired immovable property in the State, he has been ordinarily resident in the State for not less than ten years prior to that date.
(2) Any person who, before the fourteenth day of May, 1954, was a State Subject of Class I or of Class II and who having migrated after the first day of March, 1947, to the territory now included in Pakistan, returns to the State under a permit for resettlement in the State or for permanent return issued by or under the authority of any law made by the State Legislature shall on such return be a permanent resident of the State.
Comment- Jammu Kashmir State Constituent Assembly autocratically defined State Subject law and even saved the rights for the people had gone to Pakistan while on the Other around 300000 West Pakistani Refugees living in Jammu still do not have citizen ship rights of Jammu and Kashmir
Implications of article 370
A). 73rd and 74th amendment to Constitution of India. SCongress says Panchayati Raj Act was the dream of Late Rajiv Gandhi and talks of the common man of India but failed to strengthen the Panchayati Raj in J&K. Rahul Gandhi visited Jammu recently and said “Empowering Panchayats won't happen overnight,” For the last 10 Years Congress is in the power in the State as well as in Center. Rahul Says. This is a biggiest Joke to people of the State and Panch Sarpanches who are in continuous struggle for their rights.
B). Prevention of corruption act, 1989.
C). Reservation for OBC'S.
D.No political reservation to ST's of the State.
E). Fundamental Duties not applicable in J & K:- The constitutional amendment introducing “fundamental duties” is not applicable for J & K. This defeats the very purpose of including “fundamental duties” in the Constitution of India.
F). As the Representation of People Act, 1951 and De-limitation Act,2002 and various amendments therein are not applicable to J & K, there is injustice to a large number of population in Jammu and Ladakh which is getting lesser representation in Parliament when compared to Kashmir valley. Distant Backward Remote areas of Kathua.. Udhampur…Bhaderwah… Doda…. Rajouri.. Poonch… Rajouri… Kupwara… Kargil.. Ladakh not given their due representation in the in Legislative Assembly ( MLAs)
G). No financial accountability is being maintained in the State. CAG reports again and again pointed that “The financial management in State was poor. The contributory factors attributable to failure of the schemes include lack of proper planning, non-release of funds, non-adherence of eligibility criteria and lack of supervision and monitoring."
The latest report (2010-2011) from the Comptroller and Auditor General (CAG) points to a systematic pattern of institutional misgovernance in J&K. This systematic and institutionalized mis-governance is not new to the state. From the very beginning transparency and accountability was given a goodbye and free for all system of loot of public money was encouraged by responsible people. Height of insensitivity lies in the fact that deprived sections of the society are denied their due even after garnering huge funds from the centre in the name of their welfare.
H). Discrimination with women, who are married out of State. Once she got married with a person who does not have State. Her children can’t get admission in State colleges or universities, can’t be employed in the State.
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Stand of Omar and his s Party on Women rights
1. In 2002 a verdict came in the case that women marrying with a non State Subject wont loose her State Subject Rights. The three judges on the Bench were Acting Chief Justice Vijay Kumar Jhanji, Justice T S Doabia and Justice Muzaffar Jan. On October 7, 2002, the Bench headed by Justice Jhanji announced that the ``daughter of a permanent resident of the State of Jammu and Kashmir will not lose status as a permanent resident of the State of Jammu and Kashmir on her marriage with a person, who is not a permanent resident of the State of Jammu and Kashmir’.
2. Mufti Mohammed Sayeed’s government tried to overturn the verdict of High Court of Jammu in March 2004 when it brought it in the infamous Bill named ``The Jammu and Kashmir Permanent Resident (Disqualification) Bill 2004’’
3. The preamble of Bill says ““A Bill to provide for disqualification from being a permanent resident of the State on marriage of a female permanent resident with a non-permanent resident”.
4. Omar’s Party supported the Bill in Assembly.
5. The Bill was passed by the Legislative Assembly unanimously within six minutes of being moved by Law Minister Muzaffar Hussein Beigh of the Peoples Democratic Party (PDP).
6. But, the Bill got defeated in the Legislative Council and did not become a law. This was achieved as Chairman of the Legislative Council Abdul Rashid Dar, of the National Conference (NC), adjourned the House sine die.
7. Omar was so furious that he held Abdul Rashid Dar responsible for not passing the bill and expelled him from the party on 12th march.(News Published in The Tribune of 12th March is attached).
I). Implementation of RTI is also very poor. Jammu and Kashmir is the only State which has three versions of RTI law. Three Chief Minister and three RTIs. Every Chief Minister tried to mould it for their benefits. None of them think of people. Getting information in the State is 5 times costlier in comparison to Delhi.
J). J & K is also lagging behind in rights of children and other progressive laws- Even the “Right to Education Act” is not applicable for J & K thereby denying the rights of children and exposing them to the vagaries of uncertainties of life.
Statements of various activists from Women, Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs). Published in the news paper
URL- http://www.tribuneindia.com/2013/20131203/j&k.htm#14
Article 370 biggest hurdle in extending Central schemes to weaker sections
Tribune News Service
Jammu, December 2
The BJP’s prime ministerial candidate’s, Narendra Modi, challenge on debate on the Article 370 has surcharged the political atmosphere in the winter capital of the state as propagators of this Article exchanged barbed with the BJP for raking up this issue.
Women, Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) activists have opposed this Article, arguing that it is the biggest obstacle in extending various schemes formulated for their betterment in Jammu and Kashmir.
'Abrogation will help STs get benefits of schemes'
Choudhary Anwar Hussain, advocate and leader, Gujjar United Front
“The Article 370 is the biggest hurdle in extending various welfare schemes in the state. Abrogation of this Article will help the STs to get direct benefits of various schemes meant for them.” He pointed out that the successive state governments had been brazenly taking excuse of this Article to deny reservation rights to the STs in the state. “Abolition of this Article will help the weaker sections to avail benefits of schemes meant for them,” he said.
'Ruling elites abusing the Article'
Tulsi Dass Langeh, president, state BSP unit
“Ruling elites of the state have been abusing this Article to deprive the weaker sections of their constitutional rights. Unlike other parts of the country, OBCs are being denied of their reservation rights in the state.” He said SCs and STs were also victims of this Article. “The ruling class in the state is taking shield of the Article to deny constitutional rights to the OBCs here,” he said.
'We are not against the Article but it is against us'
Dr Javed Rahi, scholar and researcher on tribal
“We are not against the Article 370 but this Article is against us,” said Dr Javed Rahi. “Many constitutional guarantees for the STs are not directly implemented in the state due to this Article,” he said and added that the Forest Right Act, 2001, and the SC/ST Atrocities Act were yet to be implement in the state as approval of the state Assembly was must to extend these Acts in the state.
OBCs bear maximum brunt
Deepak Kumar, social activist working for OBCs in J&K
“Although most of the weaker sections are victims of the Article 370, OBCs are bearing the maximum brunt of this Article,” he said and pointed out that the OBCs in other parts of the country were getting 27 per cent reservations as per the recommendations of the Mandal Commission but in Jammu and Kashmir, they were not even identified. “The Article 370 has been used as a shield by the ruling class to create hurdles in implementing the Mandal Commission recommendations in the state,” he said and supported the demand of having a debate on this Article.
'Special status abused by ruling class'
RK Kalsotra, state convener, Confederation of SC,-ST-OBCs organization
“The questions raised by BJP leader Narendra Modi are not new,” he said, and added: “It’s a fact that special status has been abused by the ruling class of the state to deny constitutional rights to the weaker sections.” “I don’t want to indulge into this debate but the state government has to reply the questions raised by Modi on the impact of the Article 370 on the weaker sections.”
'The Article is irrevocable, permanent'
Saifuddin Soz, JKPCC chief
“Narendra Modi is factually wrong. He is not aware of the history of the state,” he said and accepted the challenge of Modi to have an open debate on the Article 370, which according to Soz is irrevocable. “Article 370 is permanent and even Parliament of India cannot change this Article,” he said and added that the Article was a bridge between Jammu and Kashmir and rest of the country. He said it was all due to the efforts of the Congress leadership that the Women Disqualification Bill was defeated in the Assembly. “Women married outside the state have the constitutional rights like other women of the state,” he said.
'Omar distorting facts to mislead masses'
Jugal Kishore Sharma, state BJP president
Accusing Chief Minister Omar Abdullah of distorting facts to mislead the general masses, Sharma today accepted his challenge to hold a debate on the Article 370 and the results that followed on the implementation of this Article. “He must come forward to hold a debate on the Article with any BJP leader,” he said, and added that both the Congress and the NC had consistently misused the Article 370 to deprive the people of the state of their fundamental rights and promote communalism, separatism and politics of regional discrimination. “It is because of this Article that the refugees from the West Pakistan could not obtain citizenship rights and the Supreme Court in 1980s regretted that it is because of the state’s special status that it could not dispose of writ petition in their favour,” he said.
Issue related to State Assembly report
6 year term of the Assembly is a grim reminder of the authoritarian Emergency period from 1975 to 1977 which has gone down as the darkest phase in the history of independent India and a blotch on democracy. The then Prime Minister Indira Gandhi with the help of the then President, Fakr-ud-din Ali Ahmed,managed the infamous 42nd Amendment (1976) of the Indian constitution simply to defer elections to Parliament as well as State legislatures and thus facilitate uninterrupted continuance of the autocratic rule unleashed by her but the Amendment was promptly reversed when the Janata Party Government took over under Prime Minister Morarji Desai with Atal Behari Vajpayee and L.K. Advani as senior cabinet Ministers. Ironically, the then J&K Government headed by Sheikh Abdullah was quick to adopt the Center's Amendment extending Assembly's term from 5 to 6 years,it conveniently turned a blind eye to the Center's legislation (44th Amendment) reversing the Amendment to restore the term back to 5 years. As a result, the J&K Assembly term continues to be 6 years ever since the 1977 elections.
The fact that Article 370 has been selectively used,or misused, to suit the convenience of a small coterie of ruling polity in the State with no concern for the welfare of people.
NC Government should explain , what "advantage" it saw in adopting 6 year term notwithstanding Article 370 and what "disadvantage" it now sees in reverting to 5 year term citing the constraints of Article 370 ?
Some Points on non implementation of Panchayti Raj
1. There are over 33,000 elected panches and sarpanches in the state.
2. A total of 10 village council members, including panches and sarpanches, have been killed by militants since the May-June 2011 panchayat polls till March 2013. Government is failed to provide them Security
3. For the Last 10 Years Congress is in Power in the State of Jammu and Kashmir, several promises have been made but nothing has been done.
4. A group representing Panch Sarpanches met Rahul Gnadhi on 27 Sep. 2012 to secure working conditions, apart from greater devolution of powers.
"Gandhi promised to look into their demand including for a compensation of Rs 20 lakh each to the dependents of the three sarpanches who were killed by the militants,"
Since this meeting nothing has been done. Congress is totally under pressure of Omar and NC and not interested in devolution of Power.
5. Congress always made a Statement that Panchayati Raj Act is the dream of Rajiv Gandhi but same is not implemented in J&K.
6. Recently Rahul Gandhi Visited Jammu and said “Empowering panchayats won't happen overnight,” For the last 10 Years Congress is in the power in the State as well as in Center.
7. The question of empowerment of panchayats is included in the manifestoes the Congress issued prior to the 2002 Legislative Assembly elections as also the 2008 Legislative Assembly elections. On both occasion, the Congress pledged before the masses that if voted to power, the party will empower panchayats in J&K through implementation of 73rd Amendment.
Right to education denied in the name of Art 370
On the occasion of Children's Day, Congress Member of Parliament Madan Lal Sharma demanded that Right to Education (RTE) Act should also be implemented in Jammu & Kashmir. He said that if state govt can adopt PNDT, PC and many other central acts, there should not be any delay in immediate adoption of this act as it is in best interest of children of this state.
Right to Education Act was passed by parliament in 2009 as fundamental right of every child between the age group of 6-14 years to get compulsory and free education. The act has to be effective in whole of the country by 31st March 2013. Under this act, the govt has to provide not only free and compulsory education to each and every child between this age group but has to arrange for other facilities such as trained teachers with a teacher student ratio of not more than 1:40, schools with class rooms and boundary wall, safe drinking water, separate toilets for boys and girl students, ramps for disabled students, playing ground, library etc. The time up to 31st March was given to state governments for making necessary arrangements under the act.
This act, benefitting all the children, has been denied to the children of Jammu & Kashmir in the name of special status of the state. The children of the state are being denied of their fundamental right to free and compulsory education which other children in the country are going to enjoy after few months under the Article 370 as act has to be passed by state assembly before being effective in this state. As in the case of extending 73rd amendment of Indian constitution to the Jammu & Kashmir, the state govt is hiding itself under the plea of already having such provisions. In case of education, state has a provision of free education to all students up to 8th class but does it know that there is a vast difference between fundamental right of a child to free and compulsory education and just a provision of free and
Compulsory education. When it is a fundamental right it is govt's responsibility to provide and a child can claim for its right.
What state govt has done to this demand of extending RTE to the state, as in most of the cases of public concern, in the beginning of this year, state govt has constituted a committee to have a study of RTE and JK School Education Act. This committee, after examining both the acts would send its recommendations to law department on whether to adopt RTE or make necessary amendments to school education act to bring it par with central RTE act but see the seriousness of the govt this committee has not met once during the year not to speak of recommending the amendments to school education act and it is the condition when school education ministry is headed by chief minister himself. The govt has just no intention to bring in RTE in the state.
The reason is simple, when it comes of any responsibility whether it may be RTE or devolution of powers to panchayats, govt runs away under the cover of 370 but these very politicians can surrender every thing if it comes with power or money from the central govt. They can adopt Sarva Siksha Abhiyan from the center as it comes with crores of rupees of aid with this scheme. They held Panchayat elections in the state because in the absence of these elections, hundreds crores of aid from the centre was blocked. After formality of these elections and release of the aid, further powers were denied to these Panchayats as it will encroach upon the powers of the present rulers.
The other main reason of govt 's running away from RTE is poor condition of school education sector in the state. Majority of schools don't have basic infrastructure required for imparting quality education to the students. The CAG in his report has nailed state govt for its failure to provide basic minimum amenities to the students at primary as well as high school level. It observed that despite an increase in the number of govt schools the enrolment has decreased due to coming up of many private schools and preference being given to them by the parents and lack of infrastructure facilities is stated to be the main reason for the sharp decline in enrolment in govt schools. Out of 14,453 govt schools in state 7,903 lacks basic facilities, 3,200 schools are being run in rented houses or shops. 1,865 primary schools were upgraded as middle schools in last three years but govt forgot to upgrade their facilities accordingly. 12,000 posts, of teachers, masters, lecturers and non-teaching staff, are lying vacant in the education department. When it is the condition how this state government can dare to extend right to education as fundamental right to children of the state?
Wednesday, 28 May 2014
NARENDRA MODI ASSESSMENT FROM PAKISTAN
कलम-३७० आणि त्याचा जम्मू-आणि-काश्मीरच्या विकासावर होणारा परिणामआव्हानः जम्मू-आणि-काश्मीर मधील छुप्या युद्धाचे
आव्हानः जम्मू-आणि-काश्मीर मधील छुप्या युद्धाचे
कलम-३७० आणि त्याचा जम्मू-आणि-काश्मीरच्या विकासावर होणारा परिणाम
भारत स्वतंत्र झाल्यानंतर आणि जम्मू-आणि-काश्मीर राज्याचे भारतात विलिनीकरण झाल्यानंतर लगेचच, ३७०-कलम हे स्पष्टपणे तात्पुरते म्हणूनच, अवघड काळातल्या विशिष्ट अडचणी सोडवण्याकरता, संविधानात समाविष्ट करण्यात आलेले होते. राज्यातील घटकांच्या प्रतिनिधीसभेच्या अस्तित्वकाळातच ते अस्तित्वात राहणे अपेक्षित होते.
काळासोबतच जम्मू-आणि-काश्मीरमध्ये गुंतलेले हितसंबंध आणि राज्याबाहेरील निरनिराळ्या राजकीय पक्षांच्या, आपापल्या मतदात्यांच्या तुष्टीकरणाबाबतची अपरिहार्यताच, त्या ३७०-कलमाचे अस्तित्व राखून ठेवत असतात. ’३७०-कलमाचे अस्तित्व राखून ठेवावे’ ह्या मताच्या लोकांनी, देशाच्या एकता आणि अखंडतेवर विघातक परिणाम करण्याच्या, ३७०-कलमाच्या अपार सामर्थ्याचा कुठलाही विचार केला नाही. भारतातले हे एकमेव असे राज्य आहे ज्याचे स्वतःचे स्वतंत्र संविधान आहे.
बाहेरचा कुणीही, राज्यात स्थायिक होऊ शकत नाही, कुठलीही मालमत्ता बाळगू शकत नसल्याने, राजकीयदृष्ट्या चांगल्या प्रकारे जोडले गेलेले लोक प्रचंड लाभ मिळवू शकतात. हेच प्रभावशाली लोक नियम घडवतात, किंमती निर्धारित करतात आणि ग्राहकही निर्धारित करतात; कारण बाहेरून कुठलीही स्पर्धा होण्याची अजिबात शक्यता नसते. यामुळे ५ लाखात बनू शकणार्यार शाळेचे काम ५० लाखाला दिले जाते. म्हणजे राजकारण्यांचा ४५ लाखांचा फायदा आणि सरकारचे आणि सामान्य माणसांचे ४५ लाखाचे नुकसान.
कलम ३७० ने, काश्मीरचे लोक आणि उर्वरित भारतातले लोक ह्यांच्यात, भावनिक आणि मानसशास्त्रीय अडथळे उभारलेले आहेत, ज्यामुळे फुटीरतेच्या मनोभूमिकेस बळ मिळते. ह्या कलमाच्या अस्तित्वाचा उपयोग करून, पाकिस्तान आणि खोर्या त असलेल्या त्याचे खरेखोटे प्रतिनिधित्व करणार्याउ शक्ती, भारत हा ’काश्मीरपासून कन्याकुमारीपर्यंत एक आहे’ ह्या संकल्पनेचीच खिल्ली उडवत असतात. ह्या कलमामुळेच द्विराष्ट्रवाद जिवंत राहिला आहे. यथावकाश राज्यातील फुटीर लोकांनी शत्रुत्वाची मनोवृत्ती तयार करण्यासाठी, ह्या अडथळ्याचा उपयोग करून घेतलेलाच आहे. १७-ऑक्टोंबर-१९४९ रोजी भारताच्या संविधान सभेत बोलत असता, तिचे एक विख्यात सदस्य हसरत मोहानी असे म्हणाले होते की, “विशेष दर्जा दिल्याने काश्मीरला पुढे जाऊन स्वातंत्र्य प्राप्त करणे शक्य होईल”.
काश्मिरातील गुंतलेले हितसंबंध, मग ते राजकीय असोत, नोकरशहांचे असोत, व्यापार्यांणचे असोत, न्यायव्यवस्थेतील लोकांचे असोत; त्यांनी त्यांच्या त्यांच्या दुष्ट उद्दिष्टांकरता, राज्यातील गरीब आणि पददलितांचे शोषण करून ३७० कलमाचा दुरुपयोग करून घेतलेलाच आहे. राज्य अधिकोषाची (ट्रेझरी) लूट करण्याची जबाबदारी त्यांच्यावर निश्चित करता येऊ नये ह्याकरता, श्रीमंतांनी ३७० कलमाचा उपयोग राज्यात कुठलेही आर्थिक कायदे होऊच नयेत ह्याकरता करून घेतलेला आहे. ह्यात भेट-कर, शहरी-जमीन-धारणा कायदा, संपत्ती कर इत्यादींचा समावेश होतो. ह्यामुळे श्रीमंत श्रीमंतच होत राहिले आणि जनसामान्यांना त्यांचा वाजवी आर्थिक लाभही नाकारण्यात आला. कलम-३७० ने सत्तेत उच्चभ्रू लोक निर्माण केले. जनसामान्यांच्या खर्याणखुर्याा मागण्यांना पायदळी तुडवण्याकरता ह्या उच्चभ्रूंनी, ह्या प्रचंड सत्तेचा उपयोग करून घेतला.
जमिनीबाबतची संसाधने श्रीमंतांनी आणि शक्तीशाली लोकांनी बळकावलेली आहेत. ह्यामुळे राज्यास मोठे महसुली नुकसान होत असते. भारताकडून ह्या हितसंबंधियांना खूप आर्थिक मदत मिळत राहिली, जिचा उपयोग त्यांनी फुटीर मनोवृत्ती विकसित करण्यासाठी आणि फुटिरतावादी मत निर्माण करण्यासाठी केला, ज्याचा उपयोग करून ते भारतास धमक्या देऊन संसाधने उकळण्याकरता (ब्लॅक मेल) करून घेत असतात.
सहज फसविल्या जाऊ शकणार्या काश्मिरी लोकांना, कलम ३७० काढून टाकणे म्हणजे आकाशच कोसळण्यासारखे वाटते. अशा प्रकारे हे दलाल आपली जहागिरदारी विस्तारत राहतात, राजकीय आणि आर्थिक सत्ता बळकट करत राहतात, एक जातीय आणि अगम्य (ऑब्स्कुरान्टिस्ट) मनोभूमिका निर्माण करत राहतात, ज्यामुळे यथावकाश फुटिरता विकसित होण्यास पार्श्वभूमी मिळते.
कलम-३७० काढून टाकल्यास, काश्मिरींची ओळखच नाहीशी होऊ शकेल ही भीती, नेत्यांच्या राजकीय महत्त्वाकांक्षांवर पांघरूण घालणारी केवळ एक सोय आहे. प्रत्यक्षात हेच लोक काश्मिरी संस्कृतीस हानी पोहोचवत असतात कारण बाहेरच्या संपर्कापासूनच्या उत्तेजनांविना आणि परस्पर-पोषणाच्या संधीविना कुठलीही संस्कृती जगू शकत नाही. ज्यामुळे अंतिमतः काश्मिरी पंडितांचा लोंढा राज्याबाहेर निघून गेला त्या, १९८९ मधील हिंसक जातीय उद्रेकास ही फुटीर वृत्तीच जबाबदार आहे.
१९८८-९० दरम्यान पुरेशी सुरक्षा पुरविण्याबाबतच्या काश्मिरी पंडितांच्या आक्रोशास प्रतिसाद देण्यात राज्य प्रशासनास आलेल्या अपयशाचे एक मुख्य कारण हे होते की; दीर्घ कालावधीत प्रणालीत शिरलेल्या मूलतत्त्ववादी, राष्ट्रविरोधी घटकांनी राज्य प्रशासन आतून पूर्णपणे पोखरलेले होते. हा शिरकाव, कलम-३७० च्या अस्तित्वामुळेच शक्य झाला.
फाळणीच्या वेळी किंवा त्यानंतर भारत व पाकिस्तान यांमधील युद्धाच्या परिणामस्वरूप, पाकिस्तानातून राज्यात आलेल्या सुमारे १७,००,००० निर्वासितांना, त्यांचे मूलभूत लोकशाहीचे आणि नागरिक म्हणून प्राप्य असणारे हक्क नाकारणे; ही राज्यातील सर्वात वाईट मानवी शोकांतिका आहे. गेली सहा दशके ह्या निर्वासितांनी राज्यासच आपले घर मानले आहे. तरीही ते किंवा त्यांच्या मुलाबाळांना, ३७०-कलमाच्या अंमलाचा परिणाम म्हणून, राज्यात नागरिकत्वाचे अधिकार मिळू शकत नाहीत. ते मतदानही करू शकत नाहीत किंवा उमेदवारीही करू शकत नाहीत. राज्याकडून त्यांना कर्ज मिळू शकत नाही किंवा ते राज्यातील निरनिराळ्या व्यावसायिक महाविद्यालयांत प्रवेशही मिळवू शकत नाहीत.
३७०-कलम नागरिकत्वाचे अधिकार राज्यातील इतर प्रदेशातील लोकांना मिळू न देण्याकरता, तिचा दुरूपयोग करत आहेत.राज्यास निरनिराळे लोकशाही कायदे लागू होण्यापासून रोखून, राजकारणी लोकांनीही सत्तेत टिकून राहण्याकरता ३७०-कलमाचा दुरूपयोग करून घेतलेला आहेच. ’पक्षांतरविरोधी कायद्या’चेच प्रकरण घ्या. पक्षांतरे रोखण्याकरता तो कायदा ही एक उपयुक्त तरतूद आहे. सदस्याने पक्षांतर केले आहे किंवा नाही हे ठरविण्याचा अधिकार हे विधेयक सभापतीस देत असतो. मात्र जम्मू-आणि-काश्मिरात हा अधिकार पक्ष प्रमुखालाच देण्यात आलेला आहे, ज्यामुळे पक्षनेता जणूकाय हुकूमशहाच ठरत आहे.
लडाख आणि जम्मू प्रदेशांना अर्थसंसाधनांत त्यांचा वाजवी वाटा नाकारण्याकरताही कलम-३७० चा उपयोग करण्यात आलेला आहे. जुलै-सप्टेंबर १९८९ दरम्यान ज्या हिंसक चळवळींनी लडाखला घुसळून टाकले त्या चळवळी, राज्यातील राजकीय सत्तेवर उत्तम पकड असलेल्या काश्मिरी लोकांनी त्यांना अवाजवी पद्धतीने वागविल्याखातरच्या, लडाखी लोकांच्या नाराजीच्या प्रतिक्रियेचा भाग होत्या. जम्मू-आणि-काश्मीरचे नागरिक आपोआपच भारताचे नागरिक ठरतात, मात्र भारताच्या नागरिकांना आपोआपच जम्मू-आणि-काश्मीर राज्याचे नागरिक होण्याचा अधिकार नाही. परिणामी, जम्मू-आणि-काश्मीरचे नागरिक भारतात कुठेही मालमत्ता बाळगू शकतात आणि स्थायिकही होऊ शकतात. मात्र कलम-३७० कुठल्याही भारतीयास असा हक्क मिळण्यापासून वंचितच ठेवते.
डॉ.बी.आर.आंबेडकरांनी देशास ह्याबाबत आधीच सावध केलेले होते. ते म्हणाले होते की, “जर तुम्हाला भारताने काश्मीरचे संरक्षण करावे असे वाटत असेल तर, काश्मीरला भारताइतकेच हक्क द्या, पण तुम्ही भारतास आणि भारतीयांस काश्मीरात सर्वच हक्क नाकारत आहात. मी भारताचा कायदामंत्री आहे, मी राष्ट्राच्या हिताबाबतच्या अशा विश्वासघाताचा भागीदार होऊ शकत नाही.” काश्मीरच्या रहिवाशांनी हे जाणून घेतले पाहिजे की, ते सर्वप्रथम भारताचे नागरिक आहेत आणि त्यानंतर राज्याचे रहिवासी.
काश्मिरींकरता ३७०-कलमाचे संरक्षण आहे. ह्या कलमांतर्गत, कुठलाही काश्मिरी, एखाद्या काश्मिरी नसलेल्या व्यक्तीशी लग्न करू शकत नाही. असे लग्न झाल्यास तो काश्मिरी आपले संपत्ती आणि मतदान इत्यादींचे अधिकार गमावेल. राज्य प्रशासन आधीच इस्लामिक झालेले आहे. दहशतवाद्यांना तर रविवार ऐवजी शुक्रवार हा सुटीचा वार घोषित होणे हवे आहे. काश्मिरी नसलेली व्यक्ती संपत्ती खरेदी करू शकत नाही, राजकारणात भाग घेऊ शकत नाही, निवडणुकांत मतदान करू शकत नाही आणि कायद्याअंतर्गत त्याला नागरिकत्वाचे सर्व अधिकार नाकारले गेलेले आहेत. अगदी, फाळणीच्या वेळी सीमेपलीकडून आलेल्या हिंदू स्थलांतरितांनाही अजून काश्मिरात नागरिकत्व दिले गेलेले नाही. गेल्या सहा दशकांत ते त्यांच्या लोकशाही हक्कांखातर लढत आहेत.
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Veer Savarkar: The misrepresented Hindutva ideologue
Veer Savarkar: The misrepresented Hindutva ideologue
Veer Savarkar: The misrepresented Hindutva ideologue
History often becomes captive in the hands of ideological zealots and hero worshippers. The ideological campaigners distort history as much as the hero worshippers. Both of them don't want to tolerate an opposing view, howsoever, truthful that might be. In the process the distortions that creep into history lead to tensions and imbalances, thus disturbing social harmony. In fact that has been story of Indian history so far.
A classic case in modern times is of the great revolutionary and Hindutva icon, Swatantra Veer Savarkar, who spent as many as 37 years in jail and under prison restrictions from 1910 to 1937 for his legendry revolutionary activities against the British rulers. In 1923 while undergoing his jail term in Andaman Nicobar or Kalapani he coined and defined the term 'Hindutva'. And after his release in 1937 he led an unsuccessful political movement to preventpartition of India as president of Hindu Mahasabha. Savarkar baiters have often accused him of contributing to India’s partition by what they see as his 'divisive ideology' that sought to create a wedge between Hindus and Muslims. In the process they have gone to the extent of almost absolving the main architect of India's partition along religious lines - Pakistan founder Mohammed Ali Jinnah. Savarkar's legitimate grievances against a section of Muslims have been sought to be twisted to depict him as a non-practical, insensitive, anti-Muslim zealot.
Facts, which in Savarkar's case are the biggest casualty, depict a different picture of him, however. In fact there isn't a greater example of distortion of history by ideological zealots than in the case of this famous revolutionary. The manifesto of Savarkar's Hindu Rashtra as mentioned in the well-written work on Savarkar by biographer Dhananjay Keer puts the record straight. According to the book, Savarkar's Hindu Rashtra manifesto not only allowed full freedom to the religious minorities to practice their religion but called for the intervention of the State with all its force in case the right to practice religion of a religious minority was being hindered in any way. However, according to the manifesto, “ Hindu Rashtra won’t allow creation of a nation within a nation in the name of religious minoritism “ . Seen in the backdrop of the political atmosphere of minority appeasement that is sapping the energy of our nation today one can say that Savarkar had seen through this danger nine decades in advance.
Keer’s book gives another example of Savarkar's balanced stance on the Muslim issue. In the early 1940s a group of Lucknow-based Muslims were so impressed by the Congress's efforts to forge Hindu Muslim unity in the national struggle that they passed a resolution declaring that any Muslim slaughtering a cow would be considered an enemy of Hindu-Muslim unity and socially boycotted. When Savarkar read about it in a Mumbai newspaper he immediately issued a statement appreciating the Muslim gesture. He said: "If such gestures keep on coming from Muslims than Hindu-Muslim unity is possible." In 1938 when press reporters started comparing him with Jinnah during his visit to Lahore Savarkar himself put the record straight: "Myself and Jinnah are not the birds of the same feather because I stand for equality and no concessions while Jinnah is for more and more concessions for Muslims and doesn't stand for equality." This statement of Savarkar's virtually demolishes the smear campaign against him.
While addressing a group of Indian students on the Dassera day in London in 1909 Savarkar had said "Hindus were the heart of Hindustan but just as the beauty of the rainbow is not impaired but enhanced by its varied hues, Hindus will look more beautiful across the sky by assimilating all the best from the Muslims, Jews and Parsi and other civilisations." The great revolutionary Asaf Ali was present at this meet and so was Gandhiji . Significantly, Asaf Ali later said that it was one of the finest speeches he had ever come across. But in 1923 Savarkar came out with his epic work 'Hindutva' warning about the dangers to Hindus from members of proselytising religions. The book is today a Bible of Hindu nationalists. After giving a precise definition of Hindutva it lays down a set of guidelines for protecting Hindus and Hindu religion from the aggressive designs on the part of the campaigners of converting religions. But it doesn't advocate second grade status to religious minorities and in fact supports equal treatment for all religions unlike many Muslim countries where Hindus can’t build a temple or cremate their dead even today.
So the question is what forced Savarkar to come up with his Hindutva theory with in just 14 years of his 1909 speech? The answer lies in his study of the behaviour of the members of other religions that he did during his incarceration in Cellular Jail in Andaman and Nicobar. He found that some of the Jail staff comprising Muslims along with Muslim prisoners were neck-deep into converting some of the gullible Hindu prisoners into Islam. Plus he had gained deeper knowledge of history now. He had read how in the 16th , 17th and 18th centuries the Portuguese rulers converted Hindu population to Christianity on the pain of torture and death in Goa and Konkan and how even a ruler like Mughal emperor Shahjahan, sold as a liberal by modern historians, had converted the entire family of the Bundela ruler of Orchha, Jhunjhar Singh, to Islam and forced his women relatives into his own harem as a mark of punishment for his rebellion. In fact there is unimpeachable evidence now to show as to how the builder of Taj Mahal used to devise strategies to convert Hindus into Islam through inducements and other means.
After having read this medieval history what came as a last straw for Savarkar was the Congress's trade off with a section of Pan-Islamic Muslims in 1920 on the issue of Khilafat. While seeking the support of Indian Muslims for the independence struggle the Congress did a trade off and announced support to the Indian Muslims' Pan-Islamic movement seeking reinstatement of the Sultan of Turkey by the Britishers (who had unseated him ) on the ground that "he was the Khalifa of the Islamic world". This move by Congress ignoring that it would sow the seeds ofreligious appeasement and strengthen pan-Islamism played a major role in pushing Savarkar towards the Hindutva theory. So what is seen as Savarkar's Hindu supremacist view is actually a Hindu protective view based on organic thinking by a man who had seen the danger to Hindus in the face of threats from proselytising religions but still advocated equal treatment for all religions in his "Hindu Rashtra". In other words Savarkar’s efforts to protect Hindu culture and religion from the designs of the proselytisers have been given the colour of Hindu aggression which is a travesty of truth. The concluding paragraph of his book ‘ Hindutva ‘ nails the lies of his detractors: “ When Hindus come to hold a position when they could dictate terms to the whole world, those terms cannot be different from which Gita dictates or the Buddha lays down . A Hindu is most intensely so when he ceases to be a Hindu. “
Time has vindicated Savarkar in many ways. About Pakistan Savarkar had said, "Till a state based on a intolerant religious foundation was India's neighbour she would never be able to live in peace". The repeated aggressions of Pakistan on India from 1947-48 to Kargil , the latest being the 2008 Mumbai attack and now the merciless beheading of Indian soldiers, has proved Savarkar’s prediction correct time and again. Savarkar was always for strong military response to any kind of foreign aggression. When Pandit Nehru gave a knee jerk response to Chinese aggression in Tibet in 1950 and then came up with the Hindu-Chini Bhai-Bhai theory in the 1950s Savarkar issued a stern warning in 1954 saying that such kowtowing to China after its aggression in Tibet would whet its appetite and he won’t be surprised if China felt encouraged to attack India and swallow its land in the time to come. He was proved correct eight years later when China attacked India in 1962 and swallowed a large chunk of its land.
There are other interesting facts about him, largely unknown. Bhagat Singh, Rajguru and Sukhdev had met Savarkar in Ratnagiri in late 1920s and drew inspiration from him before embarking on their revolutionary activity. Even Subhaschandra Bose’s decision to leave India and join Japan-Germany axis in World War II was based on Savarkar’s advice that in international politics enemy’s enemy should be seen as a friend and befriended. The only leader who has lived up to an extent to Savarkar’s vision on foreign policy and national security so far is Mrs Indira Gandhi. And the only leader who can live up to it in future is perhaps Narendra Modi, of course, when he becomes Prime Minister.
About the religious minorities Savarkar had said that they should get equal treatment but they shouldn’t be appeased as their appeasement would encourage them to come up with more and more unjust demands in the name of selective justice and at the cost of majority rights. Time has vindicated Savarkar even on this. The demands of at least a section of Indian Muslim leadership , which wants to encroach upon the rights of the majority thus causing social disharmony, are unending even after six decades of independence. A recent statement of Maulana Ahmed Bukhari of Delhi said it all. He said, "Only a weak Government is in benefit of Muslims in India as a strong Government invariably ignores Muslim’s demands and problems." The statement indicated the insatiable nature of demands of a section of Muslims in a country where the Haj pilgrimage is subsidised but not so much the pilgrimage of members of other religions. More, the Bukhari view is the very antithesis of a strong and united India as envisioned by all patriotic Indians, moderate Muslims included.
On the flip side let us let us examine in what shape India would have been today had Savarkar's maxim of equal treatment for all - read Hindus, Muslims and Christians - would have been followed? Most would agree India would have been largely free from the religious rancour that has hindered its progress in many ways. Even the rise of organisations like the Vishwa Hindu Parishad lies in the appeasement of religious minorities by political parties. The greatest proof of this is the fact that VHP became an aggressive organisation only in mid-eighties after appeasement of religious minorities had crossed all limits in the country.
Unfortunately, Savarkar's supporters have always taken a Hindu apologist view while defending him, praising him for his revolutionary activities but remaining silent on his views on religious minorities as well as complete nonviolence on which he held a completely different view from that of Gandhiji. While Gandhiji was for complete non-violence Savarkar was for non-violence and not complete-nonviolence. Savarkar advocated that an aggressor should be paid back in the same coin. So, in nutshell Savarkar’s supporters take an utterly defensive stance while defending him against onslaughts from his ideological rivals thus leaving him virtually defenceless on issues that concern the future of the nation and to which Savarkar’s thoughts provide a solution.
Significantly, while under prison restrictions in Ratnagiri town from 1924 to 37 Savarkar led the most powerful movement against untouchability in Indian history apart from Gandhiji’s. But there are a few uncomfortable facts about Savarkar which his die-hard followers try to brush under the carpet. For example when Sardar Patel was trying to merge the Princely states into the Indian Union a virulently anti-Congress Savarkar , who had been wrongly implicated by the then Congress Government in the murder of Gandhiji ( before being acquitted ) and as a result was in bad mental shape, supported the movement of the Travancore Princely State not to merge with India. This move went against his own advocacy of a strong and united India. Clearly, the path to a bright future, whether in case of a nation or an individual, is embedded in drawing lessons from undistorted history. And that is the reason why removing distortions from history is the need of the hour.
http://blogs.intoday.in/headlinestoday/Veer-Savarkar-The-misrepresented-patriot-62989.html
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