Anniversary of Abrogation of Article 370: Here is What you have to know

By Shraddha Verma.
Kashmir : Almost a year has passed since the abgrogation of Article 370 through The Jammu And Kashmir Reorganisation Act 2019 . This article seeks the results of this abrogation witnessed in a year in Union Territory of Jammu and Kashmir and Union Territory of Ladakh.

Article 370 was categorised as a “TEMPORARY and TRANSITIONAL” provision that granted a special status to Jammu and Kashmir . Under this article laws made by the centre on these subjects – Defence, External Affairs, Communications and Finance , will only be applicable in the State of Jammu and Kashmir . Other provisions of the Constitution of India would be applicable by issuing a Presidential Order and could be issued with the concurrence of Jammu and Kashmir government , and if Jammu and Kashmir govt would give permission then this decision must be ratified by the Constituent Assembly of Jammu and Kashmir.
Article 35 A was added in the Constitution of India in 1956 when the Presidential Order was passed by then President Rajendra Prasad. This article defined the “PERMANENT RESIDENTS” of Jammu and Kashmir and prohibited “Outsiders” from acquiring land, getting jobs etc. It gave Special Treatment to the local inhabitants of the state.
On 5th August 2019 , the Article 370 was abrogated by passing THE JAMMU AND KASHMIR REORGANISATION ACT 2019 in Lok Sabha. With the help of this Act 2 UTs were formed- Union Territory of Jammu and Kashmir and Union Territory of Ladakh . UT of Ladakh includes Leh and Kargil districts with no legislature and a Legilative Assembly to UT of Jammu and Kashmir. All Central Laws such as The Code of Criminal Procedure 1973, The Dowry Prohibition Act 1961, The Indian Penal Code 1860 , National Security Act 1980, The Prevention of Corruption Act 1988 etc.
This 1 year period went through changes that took place in UT of Jammu and Kashmir-
First ever Block Development Council Elections – The Block level elections were held first time in October 2019. In Jammu 151 blocks went to polls, in Kashmir 128 blocks went to polls and in Ladakh region 31 blocks went to polls. The poll percentage for the 10 districts in the Kashmir region was 93.64% and 99.4% for 10 districts of Jammu region. The state has 316 blocks but elections couldn’t take place in 2 blocks as they did’t have elected Panch or Sarpanch while in 4 blocks reserved for women , there was no elected women Panch.
Works Of The Centre –
The Central government approved the an Annual Plan worth Rs 574.16 crore for national highway works for 2020-2021 as per official spokesperson. The major works included the construction of 3.23 km three flyovers over NH44 (Jammu-Srinagar highway) at Bemina, Sanatnagar and Nowgam with Rs 220.68 crore, the spokesman said. The other works incorporated in this annual plan includes expressway, four laning, construction of 6 km 3rd bypass on NH-444 Shopian bypass with Rs 120 crore, and construction of 13.60 km bypasses in Pulwama and Kulgam with Rs 62.98 crore, the spokesperson said. The Union Ministry of Road Transports and Highways has asked for preparation of estimates for the proposed works in the approved annual plan, incorporating the technical parameters and designs as per IRC codal provisions or latest circulars of the ministry, and submission to it for consideration.
Lieutenant Governor, Girish Chandra Murmu on 13 July 2020 e-inaugurated 10 power projects worth Rs 19.51cr for Districts- Srinagar, Shopian, Anantnag, Budgam and Kulgam and laid foundation stones for 07 others costing Rs 30.35 cr for Srinagar, Pulwama, Anantnag and Baramulla districts of Kashmir . In September 2019 Union Power Minister R.K. Singh inaugurated 15 projects and laid foundation stones of 20 projects , all related to power projects.
A Policy Document has also been shared with investors. It says that two IT parks – one each in Srinagar and Jammu – spread over 5 lakh square feet should be ready by 2021. As many as 11 airports, including Fukche and Chushul, are being expanded. These two airports are used as Advanced Landing Grounds (ALG) by the military to transfer troops and material to India-China border. In fact, the Chushul ALG was used to land tanks during the 1965 war. In addition to this, military airports along India-Pakistan border like Poonch, Rajouri, Gurex are also being expanded and opened up for civilian use, the policy document said.
In addition to the IT policy, the state administration has also released real estate policy which said that “land banks” created by the government will be disbursed to “private developers” through a transparent bidding process.
Domicile Certificate (Procedure) Rules 2020 –
Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 was issued by the MHA that amended Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010. In this Act “Permanent Resident of State” was substituted by “Domicile” of the UT of Jammu and Kashmir. By this insertion any resident , after fulfilling the conditions specified in the rules , can apply for DOMICILE CERTIFICATE and will be useful in getting ” District, Division and State” level cadre posts in Civil Services. The domiciles will be eligible for the purposes of appointment to any post carrying a pay scale of not more than Level 4 such as Junior Assistant, Constable etc. This will provide employment to Kashmiri migrants , Valmikis and their children who were only eligible to get job as Safaikarmcharis, women who would lose all her rights when married to an ‘outsider’ , children of Central Govt Officials, all India service officers, officials of PSUs and autonomous body of Central govt etc, West Pakistan refugees , any person who is registered as a migrant by the Relief and Rehabilitation Comissioner (Migrants ) in the UT of Jammu and Kashmir.
Nearly 10000 Safai Karamcharis have got Domocile rights and nearly 20000 West Pakistani refugees have got domicile status. The Union Territory Administration has started a massive recruitment drive in UT of Jammu and Kashmir to fill 10000 vacancies in the first phase and 25000 more are in the pipeline. These vacancies are for doctors, veterinarians, panchayat accounts assistants as ell as Class IV posts .
After the abrogation of Article 370 , terrorist related incidents have dropped , anti – insurgensy operations conducted by the army yielded more positive results of killing more terrorists , although cross border infiltration i.e. across LOC showed no decline .
Fund Allocation –
The 15th Finance Comission chaired by Mr N.K. Singh tabled its first report on February 1, 2020. The first report consists of the recommendations for the Financial Year 2020-2021. One of the Key Recommendations of this report is – Devolution of Taxes to States. Under this , the share of UT of Jammu and Kashmir and UT of Ladakh would rise to 1% from 0.85% of the divisive pool . So the recommended share of states in centre’s tax will be reduced from 42% to 41%. The individual share of state of Jammu and Kashmir in centre’s tax in 14th Finance Comission was 0.78% and in 15th Finance Comission it is 1.86%.
The central govt has also allocated funds for UT of Jammu and Kashmir for power sector development and infrastructure development .
The centre has allocated Rs 6000 crore for Ladakh for development work , said by Gyan P Wangyal who heads a 30 member Ladakh Autonous Hill Development Council.
Besides these development works and initiatives which hve been and are being taken by the central government , the state in this COVID 19 period is also facing many problems . Still the internet services are not fully availabe to the residents as 4G internet services were stopped and 2G internet services are now available . Many students are deprived of the education due to curfew and section 144 which have been imposed.
On one hand many people of Jammu and Kashmir opposed the abrogation of Article 370 and 35A, on the other hand it was a gift for Ladakhis. This pathbreaking move was welcomed wholeheartedly by the people of Ladakh region .
It has been a long pending demand of Ladakh Autonomous Hill Development Council (LAHDC) and Ladakh Buddhist Association (LBA) due to –
Poor Border infrastructure Development . It has been a concern for them as Ladakh is surrounded with Pakistan and China which is aheading towards Ladakh with its expansionist policy.
Their unique Geographical , Cultural and Linguistic identities were not given enough protection and recognition.
Poor Communication system
Very less Fund allocation – Ladakh only used to get only 2% of the total Funds allocated to J&K. The funds were allocated according to the population despite its vast area. “Since we have become UT our budget is increased 4 times- Rs 232.43 crore for Leh and similar amount for Kargil. ” says Gyan P Wangyal (LAHDC).
Lack of Central Independent University
When the Article 370 and 35A existed in the state of Jammu and Kashmir, Mehbooba Mufti of Peoples Democratic Party (PDP) ruled . According to Public Safety Act (PSA) Dossier prepared by the police officers, Mehbooba Mufti had connections with separatists. The Dossier mentions her tweets opposing Triple Talaq Bill that was tabled by NDA govt , her opposition to the highway blockade and underlines that there were ‘confidential reports’ suggesting she was collaborating with separatists. Dossier desrcibes her as ” a hard headed ” and “scheming person”. The Dossier also describes PDP as “dubious”, says that the genesis and approach of PDP has been of a dubious nature.
The PSA Doddier says, ” A political leader in 21st century so brazenly inciting religion to divide the people that too in an area with sensitive security situation/eco-system is indeed a potential threat for maintenance of public order. Such statements and appeals have potential of disturbibg public order to an extent leading to massive loss of public life and property. This can also trigger violence in other regions of the country…….”
The PSA Dossier also says,”Subject has been stoking gullible masses so as to create issues of disturbance in public order and demoralising security forces by making unscruplous statement vis-a-vis security exercises being undertaken for safety and security of common people.”
One of her tweets mentioned in the Dossier is one accusing army of using chemicals on militants – “Every human even a militant deserves dignity after death . Armed forces use of chemicals in encounters disfiguring their bodies is inhuman. Imagine the emotions that’ll overcome a boy who sees his brother’s mutilated charred body. Would you be surprised if he picked up a gun?”
Although the then Chief Minister of J&K Mehbooba Mufti inaugurated deveplopmental projects but due to presence of corruption in administration, insufficient fund allocation, increasing activities of militants and terrorists within the states, increasing cross border infiltration , lack of employment , lack of 24X7 power supply , less development in power sector, education, health sectors and lack of infrastructure the whole state was facing multiple problems. The people especially mifrants, Valmikis and others were not eligible for jobs and posts and were rendered unemployed. From so many decades Jammu and Kashmir only remained a hub of terrorists and a base for fulfilling political aspirations of rulers and neglecting potential of this state.
The necessary implications of this abrogation which will be visible in the 2 UTs will be-
With the implementation of central laws which were not earlier applicable in the state such as The Right of Children to Free and Compulsory Education Act, 2009, The Right to Information Act, 2005, The Wild Life (Protection) Act, 1972, The Scheduled Caste and the Scheduled Tribes(Prevention of Atrocities) Act, 1989, The Representation of People Act, 1951, The Protection of Women from Domestic Violence Act, 2005 , The Protection of Human Rights Act, 1994 and other laws , will provide opportunities in education, employment, will be helpful in curbing corruption, will provide public safety , women rights will be secured and minorities will be given their rights. This will happe only if administration does efficient implementation of these laws.
The migrants, Kashmiri migrants, Valmikis, women who would lose their rights after marrying to an outsider ,all will empowered with job opportunities and be given their rights .
Kashmiri Pandits who were from so many years living as refugees in poor refugee camps will be given wide opportunities in many years and their “home coming” will be made easier .
The terrorists who would easily flourish their terrorist activities by finding any establishment for hinding themselves will now be difficult for them .
Demographic change – Most of the people in both UTs fear of “outsiders” who will come , settle and become the part of the development process . This will affect the life of local inhabitants of the state.
Environmental Concern- Since industrial development will also take place , many private players will become part of this so it will also affect the environment .
This abrogation to the Kashmiris seems to be a way to impose restictions by the Central govt as normal situation in the area has not yet been restored, people are still suffering . The Centre is taking initiatives to give positive results of this blunt step and hope that UT of J&K will be brought to normalcy soon.