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THURSDAY, APRIL 30, 2015 DAILY EXCELSIOR, JAMMU daily Excelsior Amend Article 370 Established 1965 It is a break-through Prof. Om Gupta Founder Editor S.D. Rohmetra K.N. Pandita level; he is a migrant; he has which humanism and not petty Constitutional safeguards rticle 370 is an enigma for Indians in particular and the whole lived in camps and he has politics is the guiding principle. for specific groups are accepted world in general. This article created in 1950 by the then omination of a dis- worked shoulder to shoulder Whatever will be the con- as dependable source of confi- Indian leadership headed by Jawahar Lal Nehru in a tearing placed Hindu (Pandit) A with his community members tours of restitution of displaced dence building mechanism. hurry to appease world opinion continues to be Achilles' heel of suc- from the valley as World Bank loan N in their hour of suffering, exile minority community back in the These safeguards come in a cessive union governments of India. Not only the parliament but Member Legislative Council and destitution. valley, the obvious condition is variety of forms and can be even the office of president of India has been compromised in this n September last, Kashmir valley and parts of (MLC) of J&K has its own sig- BJP has given an opening to that people have to live as moulded to fit in the scheme of historic blunder. Let's understand how. Jammu were struck by unprecedented natural nificance. It is different from the displaced community to social entities in an environ of things. This is a subject for cool Jammu and Kashmir is a Muslim-majority state of India. At the calamity in the shape of flood caused by incessant nominations of a valley minori- voice their woes, disappoint- mutual trust and understanding. and considerate deliberation of time of partition, it was broadly agreed upon that the then princely I ty member in the upper house rulers will decide whether they want to remain in India or become a rains. The city of Srinagar, situated on both banks of ments, hopes and expectations For restoration of trust, multi- our law makers. It is here where during previous regimes. The in the house of people's repre- dimensional mechanism has to the voice of the grassroots leg- part of Pakistan. The religion of the majority of the population was Jhelum, was flooded up to second storey of residen- one of the criteria. Despite being a Muslim state, the then ruler of J difference lies firstly in the sentatives. It is the legislature, be pressed into service. We will islator of the minority commu- tial houses in low laying areas. The State incumbent viz. Mr Surinder the elected representatives of and K Maharaja Hari Singh was indecisive. His initial stance was need to create instruments of nity has to be eloquently per- that his state would remain independent but under the pressure of Government was not prepared to meet the challenge Mohan Ambardar, coming from suasive. grassroots level of the minority Nehru, he conceded to merge with India. from such devastating floods, and the problems it Who does not know that a Pakistan waged an attack on India with the help of Afghan trib- community, and secondly, nom- Constitutional safeguards for specific minority group of whatever brought in trail. Survey teams appointed by the State inated by a party that is only als. Maharaja got panicky and sought Indian help. Before Indian denomination is somewhat forces could take control of the situation, Pakistan forcibly occupied partner in the Government, and groups are accepted as dependable as well as the Central Government, gave detailed handicapped in a democratic a large portion of J and K that it continues to control. It is known as reports of vast damages to residential houses, public unlike previous regimes, does source of confidence building mecha- arrangement where power lies Pakistan occupied Kashmir (PoK). At this juncture, the United establishments and the infrastructure. The not enjoy outright numerical in numbers? Nevertheless, Nations intervened and enforced a ceasefire. Nehru agreed to not majority in the Assembly to rule nism. These safeguards come in a Government was paralyzed because life came to a nationalism demands that only this but also accepted a plebiscite to decide where the majority the roost. variety of forms and can be moulded majority carries the minority of population go to India or Pakistan. India later took a position that standstill for some days and communication broke It is for the first time that with it through persuasion and successive J and K Assembly elections have established that the down in full. BJP has nominated a displaced to fit in the scheme of things. This is not coercion or show of num- people of Kashmir believe in Indian Constitution and the democrat- Heavy rains are not unknown to Kashmir or to member of Kashmiri Hindu bers when national cause is at ic system by voting in elections. minority to the upper house. In a subject for cool and considerate Coming back to Article 370, it was added in the Constitution by Jammu. Even floods are not unknown. But stake. It is possible that at times the Constituent Assembly as a temporary measure and its sole pur- other words, one may say that serious difference of views September floods unleashed their tremendous this is the first and maiden deliberation of our law makers. It is pose was to control the monarchy of Maharaja Hari Singh. Article becomes an irritant. These are 370 clearly states that the President of India has the sole power to capacity of devastating the city of Srinagar as was attempt by any political party of the occasions when responsible national or regional standing to here where the voice of the grassroots make any law but with a condition. He will have to take the concur- never witnessed before. Low lying areas often get political leadership assumes the rence of the government of Sheikh Abdullah on March 5, 1948. The inundated but the city has not seen such a calami- concede the right of Kashmir legislator of the minority community role of buffer and unleashes its Maharaja had appointed Sheikh Abdullah, the Prime Minister of J valley Hindu minority commu- tous situation. A number of reasons are given for the potential to bring about rap- and K. But the million dollar question what was the need to create nity to political space in the has to be eloquently persuasive. prochement of sorts. The Article 370. Why Maharaja's rights were not confiscated like it hap- flooding of the city. Of late, we are told that absence State. Apart from the fact that minority community needs to pened in case of other princely rulers. More than 500 such rulers had BJP is the ruling party at the signed the annexation conditions. It is surprising why an exception of an outlet in Hokarsar wetland, into which the water the people of the State to hear accessibility. learn providing space to the of the Flood Channel disgorges, forced the flood Centre, the more significant Very thin dispersal of the buffer to play its role. was made in the case of Maharaja Hari Singh. It was a blunder on him and come out with a solu- the part of then federal Government. The situation was made more aspect is that BJP is a national tion of the problems which the Pandit community in the valley I look at Surinder Mohan waters to push back and break the bund of the river level party. Recognition of the confusing by imposing the condition that the President of India at vulnerable sites close to the city. displaced community is made in pre-militancy era was a Ambardar's induction into prac- could could armed laws in J and K as per Article 370 but only after claim of Kashmir Hindu minor- to face. He is not expected to mixed phenomenon of a boon tical politics as the opening of a Whatever is the reason, the task before the ity to political space is in itself taking the consent of the J and K government. make any formula and module, and a curse. The advantage was window on the displaced com- Shockingly enough, no debate, no discussion was done by the Government and the society is to rebuild the dam- a very significant path breaking no. A formula or module must the voluntary generation of munity to cast a glance on the event on the whole. It opens a historians, legal experts, constitutional scholars chose to remain aged infrastructure and rehabilitate the people who come from the House. All that social acceptability among the political scenario of very com- silent. Article 370 would have died a natural death when J and K window on the beleaguered he can do is to respond to the became victims of flood. On the request of the State stakeholders whereas the disad- plex and confusing nature. Constituent assembly passed a resolution to dissolve the monarchy community from where it can House with feedback which he vantage was the bulldozing of They need acclimatization to of Maharaja Hari Singh on 29th August, 1952. Along with this gets from the community. In Government, endorsed by the Central Government, have a bird's eye view of what their political identity by the this panorama, which may crown prince Karan Singh was made the Sadar-e-Riyasat (Head of the World Bank has agreed to offer a loan of 1500 lies ahead. this way, a platform will be the state).

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