In the words of Late Legend Justice V.R.Krishna Iyer, the opportunist political provocateurs with their rattling propaganda and mis-informative instigation has distorted separatist sickness and generated chauvinist indignation in the Valley.
Centuries with a bond of common history, civilization, distinctiveness, inimitable demography – Jammu and Kashmir is a heritage. The partition of Indian sub-continent is embarked in the Government of India Act 1935, the 3rd June 1947 Agreement and the Indian Independence Act 1947. The princely ‘State of J&K’ was a sovereign State since Independence. The Accession Instrument of 26 October 1947 explicitly affirmed that nonentity would influence the dominion and the independence of the Ruler within or over J&K. The Ruler is duly elected by the State Constituent Assembly and it is engraved in Article 370 of the Indian Constitution that J&K will have its very individual Constituent Assembly. Although Article 370 is hailed to be a ‘Temporary Transitional Special Provision,’ the Supreme Court in Premnath Kaul’s case decided the context of temporariness, and it is through Article 370, Article 1 of the Indian Constitution lists the extent of States of India.
Article 3 of the Indian Constitution mandates that ‘no Bill providing for increasing or diminishing the area of the State, shall be introduced in the Parliament without the consent of the Legislature of that State.’ The legitimacy of the Presidential notification is not devoid of legality, the same provision explicitly states that the ‘consent of the State Assembly would be necessary to pass such an order.’ The happenings in the lovely Valley tragically travesty humanism and our politics is bankrupt of Statesmanship. Modern India adheres to the Constitutional law and today the socio-political reality has created an appalling catastrophe of harmony and dangerously challenges the sovereignty even as Article 370 mandates recommendation of the State Constituent Assembly. No unilateral step by the Government of India can change the status of J&K as enshrined in the United Nations Security Council Resolutions.
Abrogation of Article 370 and Article 35A scrapped under total lockdown in J&K with Section 144 being imposed, medicines are reported to be barely in-stock without any sanctuary to get shelter in hospitals, prohibitory orders in force, suspension of internet and communication services, deployment of copious securities affecting the day-to-day affairs of the lovely Valley at the cost of permitting covetous to buy land in the lovely Valley.
The pathological reversal echoes administrative drift and is purely penury and misery. Bona fide democracy in elections and governance has proven that illiterate of all shades and their policies have decimated the Valley.
Our brothers and sisters in J&K go through an irrefutable harrowing visage today who have unequivocally conserved their uniqueness for decades. The secular-acumens must wake up and build goodwill; professionals’ choral society must unite in reconciliation and express a new solidarity with our border brothers and sisters of J&K, if unabated, may well be a bitter, bleeding blow-up!
“If blood be shed, let it be Our blood. Cultivate the quiet courage of dying without killing. For man lives freely only by his readiness to die, if need be, at the hands of his brother, never by killing him.” – Gandhiji
About the Author
Maffei Devadoss is a bright, talented and ambitious lawyer with 5 years of legal experience in the United Kingdom and India. Has a proven record of providing effective advice to clients delivering positive outcomes.
Maffei did both Bachelors and Masters Degree in Law from the City Law School, London. She did internships with two of the most prestigious law firms in London (UK) and the High Court Legal Aid Services Committee in India. Maffei has also participated in a number of conferences pertaining to the legal domain such as :
• National Leadership Conference, Chennai, India
• Regional Conference at National Green Tribunal, Chennai, India.
• Madras High Court Heritage Conference, Chennai, India.
• Merchant Shipping Conclave, Chennai, India.
• Legal Literacy Camp, Chennai, India
Maffei has also authored a number of publications on various topics relevant to the legal domain.
Maffei specializes in Environmental Law, Human Rights Law, Family Law (NRI Marriages), Land Law and Corporate Law. Maffei is also an accomplished mediator in resolving disputes between clients.
Disclaimer: The ideas and sentences used in this article are purely the author’s freedom. The magazine has no responsibility in the statements used.