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Contributory factors & Jammu and Kashmir State Reorganisation Act of August 2019

Dr. Rajkumar Singh
It is rightly said that one can satisfy the need of every individual but not the greed of every being. And also beautifully quoted, power corrupts and absolute power corrupts absolutely so the story of erstwhile state of Jammu and Kashmir.
Right from very beginning I.e 26th of October 1947 the day of accession with Union of India the king of erstwhile state of Jammu and Kashmir started playing the game with conditions enshrined in the instrument of accession.
Moreover when Sheikh Abdullah took over reigns of power from Maharaja Hari Singh at the behest of Pt. Jawharlal Nehru the then PM of India started bargaining with the Union of India on the basis of instrument of accession signed by the Maharaja Hari Singh where in Govt. of India had power in the following affairs only, Defence, Foreign Affairs, currency, communication, trade with foreign countries etc. Which are part of union list. Consequent upon this in excersise of the powers by Art. 370(1) sub cl.2 the President of India issued the constitution (application to Jammu and Kashmir order 1950).
Similarly Delhi Agreement of 1952 was made between erstwhile state of Jammu and Kashmir and central government where in matters contained in Instrument of accession come under the domain of Parliament of India and the central government in rest of the erstwhile state would act as a sovereign. With this back round the then PM Sheikh Mohd Abdullah of erstwhile state of Jammu and Kashmir came out with enactment known as Big landed Estates Abolition Act of 1950, wherein land owners were deprived of their land holdings in the name of land reforms. It is pertinent to mention here that huge chunks of land were with the Hindus and were allowed to keep only 182kanals of land only with them, rest of the land was either given to Muslim tillers or escheated to state, thus sowed the seeds of discrimination and secession. The Hindu minority represented their cause to the then central government but in vain.
The purpose of the Big landed abolition Act was to simply empower Muslim majority and use them as vote bank for future and force silent migration of Hindus from the state. Emboldened by this act another act was passed in 1976 known as Agrarian Reforms Act of 1976 wherein again ceiling area of land was brought down to twelve and a half standard acre which the owners can retain only if they are in personal cultivation in kharif 1971, otherwise land will be escheated to state or will be given to tillers thus depriving the owners further from their land holdings in order to benefit the majority community and further marginlizing the minority Hindus.
The Erstwhile State Govt. of Jammu and Kashmir did not stop here only, in 1978 passed Wakfs Act. Section 3cl. 3 empowers the state Govt. to donate or give any parcel of land to Wakf board, another favour for vote bank politics. SRO 320 of 1985 dated 31August 1985 is an eye opener where in huge chunk of govt. land was shown as allotted to Auquaf Islamia not to talk of land even functional institutions of the govt. are shown allotted under different khasra numbers. These allotments were made clandestinely by floating all the norms to appease a particular community.
Forest reserves of govt. were looted and plundered by successive political dispensations who came in power. Forest land in lakhs of acres stands illegally allotted with the connivance of Revenue Authorities.
Finally the big jolt for which the valley based politicians and political spectrum enacted all the drama was executed in the month of January 1990 wherein lakhs of Kashmiri Hindus were forced to leave their homes and hearths from valley of Kashmir under the pressure of Jihadis, the land of their ancestors, the world hub of shavism, the only fault of Kashmiri Pandits was that they taught and educated the rustic and unlettered Kashmiri Muslims. Kashmiri Hindus were nationlist and believed in democratic India. During this mass exodus thousands of Kashmiri Hindus were killed, hundreds of women’s were raped and brutally murdered and property worth billions were looted or burnt by the perpetrators of violence with the active connivance of the then state government. To all these acts the central government of India was a silent spectator and did not come at the rescue of Nationlist forces.
Subsequently, Shria Act was passed, Roshni Act was passed to legalize the illegal allotments made to influential politicians, bureacrates etc. of state land and forest land.
Kashmiri political spectrum exploited the Jammu region as its colony and tried to change the demography of the region through illegal allotments to land mafia and then sale of that land.
The political spectrum of Kashmir exploited Art 370 and Art. 35-A to the hilt and blackmailed the successive central Governments in order to procure 90 per cent aid and 10 per cent loan. In last more than seven decades the plight of the J and K remained almost same, the funds provided by the Central governments were never utilized properly, money in huge proportions was either looted by political class or wasted on non feasible govt. projects. Because of ill planning and lack of vision J and K failed to cope with other Indian states.Art.370 and Art-35A were stumbling block in the way of development of J and K and also in free flow of different provisions of Indian constitution along with welfare schemes. The fundamentalist and the Jihadis wanted to carve out another Muslim state with aid and support of Govt. of India. There was hardly any rule, antinational forces were scot free, clergy would vomit venom on every Friday and on occasions of festivals. The state government was mute spectator rather had tacit consent for all these happenings. The state government did not allow the armed forces to conduct swift and free operations against pak sponsored terrorists. There was direct interference from the political bosses. Armed Forces were reduced to non entities and it was very difficult for Armed Forces to combat in such situation where there was too much political intervention.
The valley based politicians allege that govt. of India betrayed the people of erstwhile state of Jammu and Kashmir by bringing Jammu and Kashmir state reorganisation Act 2019.
The answer to their allegations is as under,
J and K had it’s own state subject law by virtue of it you did not allow any Indian to buy land or get job in the state or settle down. But you kicked out your own ancestors the aborigine natives Kashmiri Pandits from the valley in order make Kashmir an Islamic state.
J and K had it’s own flag along with Indian flag. But you started hoisting Pakistani and ISI Flag.
J and K had it’s own constitution but you started burning Indian constitution which empowered your constitution.
Every thing was fine and you enjoyed every privilege under Indian loose Democratic setup till you start raising slogans openly for separation and secession from Union at the behest of Pakistan. Tell me who breached the agreement.
By removing these discriminatory articles, govt.of India is again giving you an opportunity to be a normal citizen of India as we all are with equal rights, I may tell you openly, Kashmir will remain integral part of India as it was since time immemorial with or without Kashmiri Muslims. No govt. in the world can permit its citizens to go against the nation’s interest and allow secessionist forces to go scot free as had happened in Kashmir. Those you committed the crime against the Kashmiri Pandits or against security forces are yet not put to justice.
Factors givenhere are some of the reasons that compelled Indian parliament to pass Jammu and Kashmir state reorganisation Act virtue of it,
the erstwhile state of Jammu and Kashmir has been bifurcated into two Union territories i.e Union territory of Jammu and Kashmir and Union territory of Ladakh.

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