Shreyas S P

Engineer | Centrist Thinker | Agnostic Mind | Public Policy Enthusiast | Wellness Advocate

Article 370 - Past and Present

Article 370 was a temporary provision for the conditional accession of Jammu and Kashmir (J&K), a princely state, into the Indian Union. Article 370 was a brainchild of Jawaharlal Nehru and Sardar Patel to make the accession of J&K clean and clear on the domestic and international stage.

The international clarity was important because Junagarh (currently in Gujarat) and Hyderabad, which were Hindu-majority states ruled by Muslim rulers, were acceded into the Indian Union on the grounds that they had a Hindu majority population despite their rulers’ unwillingness to enter the Indian Union. In the case of J&K, which was a Muslim-majority state ruled by a Hindu ruler, we had to make our intentions clear. This is because Pakistan demanded Muslim-majority (but Hindu-ruled) J&K on the same grounds as how Hindu-majority (but Muslim-ruled) Junagarh became a part of the Indian Union.

Hence, Article 370 was introduced in the Constitution of India as a temporary provision which gave special powers to J&K such as a separate constitution and flag, etc., till the people of J&K approved the accession through a plebiscite. The people were in favour of India due to Sheikh Abdullah’s mobilisation of Kashmiris in India’s favour. But the plebiscite, which was supposed to happen by 1950, never happened due to several international reasons such as the Korean crisis, Pak’s opposition to Sheikh Abdullah’s leadership of J&K, etc.

However, Article 370 continued to stay successfully and peacefully till the 1980s. The Cold War between the US and the Soviet Union in Afghanistan during the 1980s led to the rise of Mujahideen forces in Afghanistan. After the Soviets were driven out of Afghanistan by the US with the help of local Mujahideen forces, the Mujahideens shifted their focus towards Kashmir, which led to the birth of militancy in the Kashmir valley. In the last 30 years, more than 40,000 civilians have lost their lives due to militancy.

A lot of water has flowed under the bridge since the introduction of Article 370, which was supposed to be a temporary provision. For any stalemate or decline to stop progressing, change is inevitable. Kashmir was literally moving towards decay and disaster for 30 years. A generation of youth has destroyed their future in militancy.

Hence, I think the revocation of Article 370 is a new step, which has to be carefully managed. Though I oppose the undemocratic manner in which Article 370 has been revoked, I support the spirit of it. But it should be noted that the crisis doesn’t stop with the revocation of Article 370. In fact, it has given birth to a new crisis, which may take any form. Hence, it is the responsibility of the government to take the people of Kashmir into confidence without alienating them further.

Law only integrates the region technically. It is only people’s love and trust which can truly integrate Kashmir into India. The communal rhetoric of this government in mainstream India should be totally shed to gain the confidence of people in Kashmir. Or else, it can lead to a bigger disaster.