Article 370 Scrapped, Jammu And Kashmir No Longer A State: Here¡¯s All You Need To Know

Home Minister Amit Shah on Monday proposed the bifurcation of Jammu and Kashmir into two Union Territories as well as the abrogation of Article 370, leading to a ruckus in the Upper House and loud sloganeering by opposition leaders amidst the turmoil that Kashmir is currently withstanding.

What are the controversial provisions that are causing a storm in the Parliament?

While Article 370 of the Constitution is a ¡°temporary provision¡± that grants special status to Jammu and Kashmir, gives the power to the state legislature in defining its ¡°permanent residents¡± as also their privileges and rights.

AP

Article 35A, on the other hand, was incorporated in the Constitution by a 1954 Presidential Order. As per the controversial article, it denies the rights of property to any woman who marries a person from outside the state. It also applies in equal measure to their heirs.

It further prevents people from outside J&K from buying or owning immovable property in the state, or settling there permanently, as well as availing for themselves any state-sponsored schemes. The J&K government is also prohibited from hiring people who are non-permanent residents of the state under the provision.

What does the government aim to do?

There have been numerous petitions which have challenged the legality of Article 35A in the Supreme Court. It has been argued repeatedly that it was never presented before Parliament and was implemented on the basis of the President¡¯s orders in 1954.

Reuters

Scrapping of Article 370 has been central to the objectives of the ruling Bharatiya Janata Party (BJP) and it has found a prominent mention in its manifestos over the past few decades. The Home Minister¡¯s proposal came after an unprecedented lockdown in the Kashmir valley and the house arrest of prominent Jammu and Kashmir politicians, including two former chief ministers while mobile and internet facilities have been suspended in the valley.

The proposal which is set to have massive repercussions for the state of Jammu and Kashmir not only seeks to abolish the controversial provisions of Article 370 and Article 35A but it is also directed at bifurcating the state into two Union territories -- Jammu and Kashmir, which will have a legislature of its own and Ladakh, which, according to the proposal, will be without a legislature.

Why the uproar?

Jammu and Kashmir is currently under President¡¯s rule. Section 144 of the CrPC was imposed in Srinagar district with effect from Monday midnight as a precautionary measure until further notice.

AFP

Notably, representatives from the Ladakh region have raised similar demands at numerous occasions but politicians and activists from the Kashmir valley have maintained that any misadventure with these provisions will not be accepted by the people.

¡°GOIs intention is clear & sinister. They want to change demography of the only muslim majority state in India , disempower Muslims to the extent where they become second class citizens in their own state,¡± former J&K CM Mehbooba Mufti tweeted on Monday morning.

She added that ¡°our special status isn¡¯t a gift bestowed upon us. It¡¯s a right guaranteed by the same parliament... Today the very same contract has been violated.¡±

GOIs intention is clear & sinister. They want to change demography of the only muslim majority state in India , disempower Muslims to the extent where they become second class citizens in their own state.

¡ª Mehbooba Mufti (@MehboobaMufti) August 5, 2019

Voices from several political leaders rocked the Parliament while Social Media is abuzz with all kinds of speculations.

Here¡¯s what former Chief Minister Omar Abdullah, who is placed under house arrest, said in a statement following the Home Minister¡¯s proposal:

Statement of Omar Abdullah, Vice-President of National Conference and former Chief Minister of Jammu & Kashmir, on revoking of Article 370 and other decisions announced by Government of India. pic.twitter.com/L9RXggb10k

¡ª ANI (@ANI) August 5, 2019

Mr Shah¡¯s statement put weeks of speculations in the wake of the Centre¡¯s consecutive steps to ensure tight security in the state and an upsurge in the deployment of army in the valley to rest but it raised fresh concerns among the Opposition parties as well as activists and human rights groups.

Amidst all of this prevailing confusion and chaos, little word is spreading out from the Kashmir Valley which is gripped in both fear and panic. Internet and mobile services have been suspended in the valley and today¡¯s announcements are set to cause a massive uproar in the valley.