“Artcile 370 is a Curse on people of Jammu kashmir” - MP from Jammu Kashmir in Parliament Debate on Article 370 in 1964

 

  

 

 

 

With the passing of the bill to delete clause 2 & 3 of Article 370,by the parliament on 6th August 2019, article 35 A has become defunct. As a result, the entire constitution of India has been implemented in J&K, extending all the rights enjoyed by rest of India to the people in J&K. Many netizens and media portals have called this decision as ‘Colonization’ of J&K by govt of India. In the light of the above statement, it won’t be out of context to go back in history and browse through the debate on Article 370 in parliament which took place in 1964. The readers will understand what is meant by “Colonization” after going through the excerpts of this debate.

 

On 11th Sept 1964 an independent Member of Parliament Mr. Prakashveer Shastri from Bijnaor, UP, introduced a Private members bill in Loksabha to delete article 370 from the constitution. A number of Members of Parliament (MP) including, MPs from Congress and four MPs from Jammu Kashmir, (J & K), wholeheartedly supported this bill. The MPs present in the house unanimously agreed that article 370 was a hinderance in the development of J & K and was also creating a threat to national integrity.

 

While introducing the bill, Mr Prakashveer Shastri said that article 370 was temporary, in spite of that it has continued for 17 years. According to him there were four major problems with article 370. First of all, it gave Pakistan an opportunity to strengthen its propaganda against India and integration of J&K. Secondly other nations, which did not know our constitution, would really start believing that the integration was temporary. Thirdly it was creating uncertainty in the minds of people from J&K, that things may change for worst some day and fourthly this article was helping people like Sheikh Abdullah and the pro-Pakistan leadership in the state, to raise voice against India. Mr. Shastri was anxious that despite knowing the fact that the integration had completed with Maharaja Hari Singh signing of Instrument of Accession, Sheikh Abdullah, formed the Plebiscite Front to ‘know the wish of the people!’. He further argued that the formation of the constituent assembly of J & K was the expression of opinion of the people, the constitution of J & K in section 3 stating that it is an integral part of India is also opinion of the people. And hence he raised a very pertinent question of the floor of the house that ‘Where is the question of plebiscite then? Why is the govt of India carrying the burden of this article which should have been deleted eight years ago with the formation of the constitution of J & K?’

 

More than 25 members spoke on this proposed bill and gave full support to the bill. Nominated M P from J&K Inder J Malhotra gave wholehearted support to the amendment proposed by Shastri and requested the then Home Minister, Gulzarilal Nanda, to not oppose the bill. He also wanted the assurance that if not in this session then the amendment must be done in the next session.

 

 

 

 

 

Gopal Datt Mengi, from J&K called art 370 a ‘curse’ for J&K. He said that ‘article 370 does not give us any special status, rather it has made us second class citizens in our own country. It is a wall between India and J&K. Mr Mengi on the floor of the house referred to his conversation in the same morning with Mir Qasim, the general secretary of National Conference, who shared the views of Mr Mengi and said that constitution of India should be implemented fully in J&K. Mr Mengi supported the deletion of article 370 and put forward a demand for such provisions where by the entire constitution of India is implemented in J & K.

 

 

Abdul Ghani Goni from J&K, a close associate of Sheikh Abdullah, was a strong proponent of the separate Muslim identity of the State and resisted the implementation of the Indian constitution in J&K. However, after the implementation of article 370 and the hindrances it created in the overall development of the state, he changed his stand. Goni, not only supported the bill, but pleaded with the house to adopt it. He clearly stated that “the then Prime Minister of J&K, Bakshi Ghulam Mohammad had moved for abrogation of article 370, but the central govt was not agreeable to it at that time. I do not know whether the central govt is under the influence of the west or wants appeasement policy towards Pakistan….. they want to please their neighbours at our cost. The central govt, our Congress leaders, have not done justice to the people of Kashmir. The people of Kashmir had decided once and for all and have decided once and for all that Kashmir is an integral part of India, whether there is article 370 or no article 370. It is only a provisional provision and a temporary provision in the Constitution which can be removed at any time. But as far as the complete accession is concerned, that is final and nobody can challenge it.”

 

 

He further added “I assure you, Sir, as far as we are concerned, we will fight to the last for the secular forces, for the secular character and for the pro-India forces. But unfortunately, the current government in the State is proceeding in such a manner that the pro-Indian forces are attacked or assaulted and the anti-national forces, the pro-Pakistan forces are given full freedom to say any damn thing.” While pleading with the house to support the bill, he said “So I dispassionately appeal to the Members of this House, and appeal not only to the Opposition Members but also to the Congress Members to support this Bill and get it passed and have article 370 abrogated from the Constitution of India, so that we may also be treated as equal citizens, as good citizens of India as any other citizen. Don't treat us as second-class citizens, and don't treat us as a colony of India. We are as much a part of India as other States.”

 

 

Another M P from J&K, Syed Nasir Husain Samnani, asked the house that what is the fault of the people of J&K that art 370 is not abrogated? He questioned the relevance of article 370 and said “We, the people of Kashmir never demanded that we should be treated differently. We do not want article 370. I want to end this curse in my lifetime, for my safety, for my children’s safety, for the safety of our future generations.” He directly questioned the Home Minister, that ‘why is article 370 still a part of constitution and why do they want to keep it? We should have the same laws as Maharashtra, Madras, Keral, Bengal. We did not believe in two nation theory of Jinnah and hence we did not allow any branch of Muslim League to be formed in J& K.’

 

 

In his concluding statement the mover of the bill, Prakash veer Shastri said that “…..To hide its weakness the govt has issued a whip against my bill. May be my bill will fall, but the history of India will never forgive them for this act. Parties are subordinate to the nation. When, in history, it will be recorded that despite unanimity, just because of one minister, the opinion of the members changed, it will go down in history as murder of democracy.’’

 

 

Indeed, democracy was sacrificed at the altar of politics of vested interest on that day. It was a historical moment in the Loksabha, where a number of Congress MPs without any hesitation supported Prakash Veer Shastri, the members from other ruling parties, be it the communist, socialist or the Jana Sangh all expressed their full support to the bill and agreed that the article must go. Most surprising were the statements and arguments put forward by the four MPs from J&K. Not only did they say that article 370 was detrimental to the growth and development of J&K, they also called this temporary article discriminatory. They gave enough evidences on the floor of the house that neither the leadership nor the people of J&K had asked for anything like article 370, nor do they want it now. They also openly admitted that it was Sheikh Abdullah and some of his supporters who were creating a political rift between J&K and India. All of them wanted J&K to get rid of article 370 which they referred to as a ‘curse’ for the state and its people. They also warned that if soon this article is not removed, the separatist elements and the pro- Pakistan elements will start influencing the innocent people of the state and it will create serious security issues.

 

 

The then govt of congress, although promised on the floor of the house to take necessary steps to delete article 370, did not do anything at all.

 

 

Today, it will be impossible for people to believe that the govt of J&K, their political leadership, their MPs, and above all the people of J&K wanted to remove article 370. In fact, they were requesting the govt of India to delete it and were also upset that they are being given a step motherly treatment! In the light of the above discussion, not only are the current leaders of J&K exposed, but it also is a proof that the decision of the govt is much awaited action necessary for the wellbeing of the common man in J&K.