The provocative overtures regarding abrogation of Article 370 by the RSS/BJP government at the centre are condemnable. It is an effort to implement the communal, pisive and anti Kashmiri agenda of the RSS/BJP combine. Such provocations are nefarious and aimed to rouse passions ahead of assembly elections in Jammu & Kashmir.Tarigami maintained that it has to be borne in mind that Kashmir opted for India in the tumultuous year of 1947, not only by virtue of the “Instrument of Accession” but for the “secular credentials” of India and on the promise of being granted a special status and the maximum degree of autonomy within the Union. This promise is enshrined in Article 370 and the constitution of Jammu and Kashmir itself.Granting of special status and maximum autonomy is not a favour but a constitutional obligation and if this obligation is not met, the Instrument of Accession would itself be rendered meaningless.
If this fact is denied as is done by RSS and the parties affiliated to it, the logical conclusion would be undermining the Union itself.It has to be understood that the Article 370 is a basic feature of the constitutional relationship between the State and the Union. As such even Parliament cannot amend the constitution to change this provision. Keeping this legal point in view, all the amendments made by a series of Presidential Orders since 1953 are unconstitutional and need to be reviewed. It is imperative because it was in Kashmir that the Indian federalism and democracy with its commitment to a composite culture were tested strongly and were found the most wanting.
The least government of India could do is to restore the article to its original position and grant maximum autonomy to the State with a mechanism which can ensure self governance at regional and sub-regional levels and there remains no room for discrimination and dominance. The State should be a real federation, where every region and community feels economic, social and cultural security. Pitting one region or community against another by communal and disruptive forces will result in the balkanization of the State which is in no way acceptable and is extremely harmful for the State and its people.
The remarks of the newly sworn in BJP ministers, Thavarachand Gehlot and Najma Heptullah regarding religious minorities are condemnable. These ministers at the behest of RSS have almost made it clear that the small concessions advanced to Muslims and other minorities should be withdrawn. They also opposed the 4.5% reservation in government jobs for minorities. Najma Heptullah trying to prove herself more loyal than the King, went a step further and said that Muslims in India do not constitute a minority at all. These assertions have been made, despite the fact that Justice Sachar Committee report on the economic and social status of the Muslims clearly indicates that on the basis of several parameters, their living conditions are below than SC’s and ST’s. The real reason behind anti Muslim policies is to advance the core communal agenda and sharpen polarization of political gains and creation of a vote bank based on religious fanaticism and fundamentalism.