BJP Marks 5 Years Since Article 370 Abrogation; PDP and DPAP Plan Protests

The Jammu and Kashmir unit of BJP will hold the ‘Ekatma Mahatsav’ rally on Monday to celebrate the fifth anniversary of the removal of Article 370, a party leader said. Additional security measures have been put in place to ensure the event’s safety.

Opposition parties, including Congress and the Peoples Democratic Party (PDP), have criticized the BJP for celebrating the removal of Article 370. A local PDP leader mentioned that they will protest outside their party headquarters in Gandhinagar, marking August 5 as a “black day“. The Democratic Progressive Azad Party (DPAP) will also protest at Maharaja Hari Singh Park on Monday to condemn the removal of Article 370, according to a party spokesperson.

The ‘Ekatma Mahotsav’ rally will be held at Bana Singh Stadium in R S Pura to mark the full integration of Jammu and Kashmir with India on August 5, 2019, under Prime Minister Narendra Modi’s leadership, said J-K BJP general secretary and former MLC Vibodh Gupta.

“August 5, 2019, is a very important day for us. On this day five years ago, a historic mistake was corrected, and we, the people of Jammu and Kashmir, fully united with India. Now, we enjoy all rights and freedoms and are moving forward on the path of development,” Gupta said.

Meanwhile, J-K Congress chief spokesperson Ravinder Sharma criticized the BJP for the removal of Article 370. He said, “The BJP should explain what they have achieved in five years, especially to the Dogras, instead of causing more pain.” He accused the BJP of celebrating the The “downgrading” of the historic Dogra state and the removal of its status, dignity, identity, and the rights of the people of Jammu and Kashmir.

A PDP leader said their party is marking August 5, 2019, as a “black day” and will protest outside their party headquarters on the fifth anniversary of Article 370’s removal. A police officer mentioned that security has been increased across the Jammu region, especially along the highways, to maintain order.

On August 5, 2019, Home Minister Amit Shah announced the revocation of Article 370, ending Jammu and Kashmir’s special status and reorganizing the state.

On Monday, August 5, 2019, Home Minister and BJP leader Amit Shah announced the removal of Article 370, which gave special status to the Jammu & Kashmir region. Shah also said that the state would be geographically reorganized.

Article 370 of the Indian Constitution provided autonomous status to Jammu and Kashmir. It aimed to give the people of Jammu and Kashmir a sense of security about their identity and future. This article stated that the rules of Article 238, which was removed from the Constitution in 1956 during the reorganization of Indian states, would not apply to Jammu and Kashmir.

Article 370 was drafted by Gopalaswami Ayyangar. The original draft stated that the “Government of the State” means the person recognized by the President as the Maharaja of Jammu and Kashmir, acting on the advice of the Council of Ministers, as per the Maharaja’s Proclamation on March 5, 1948.

History of J&K

The first formal document about Kashmir is Kalhana’s Rajatarangini. Over time, both Hindus and Muslims ruled Kashmir, and during Ranjit Singh’s rule, the Sikhs also governed the region.

In 1822, Gulab Singh became the King of Kashmir. After his death in 1857, Ranbir Singh assumed control. Hari Singh became the king in 1925 and was ruling when the treaty with India was signed.

Accession of J&K to India

During the independence Jammu and Kashmir was one of the 565 princely states in India. On August 15, 1947, when India gained independence under the Partition Plan provided by the Indian Independence Act, the British control over these states ended.

The rulers of these princely states had the option to join either India or Pakistan. The ruler of Kashmir, Maharaja Hari Singh, did not make an immediate decision. Instead, he proposed a standstill agreement to both India and Pakistan while deciding the state’s future.

Pakistan agreed to the standstill agreement but then invaded Kashmir from the north with soldiers and tribesmen carrying modern weapons. On October 24, 1947, thousands of tribal Pathans entered Kashmir.

The Maharaja of Jammu and Kashmir asked India for help. He sent his representative, Sheikh Abdullah, to Delhi to request assistance. On October 26, 1947, Maharaja Hari Singh fled from Srinagar to Jammu, where he signed the ‘Instrument of Accession’ to join India. This document allowed Indian jurisdiction over external affairs, communications, and defense. Indian troops were then airlifted into the state to fight alongside the Kashmiris. On March 5, 1948, Maharaja Hari Singh announced the formation of an interim government with Sheikh Mohammed Abdullah as the Prime Minister and later made Yuvraj Karan Singh the Regent.

Delhi Agreement

In 1951, the state constituent assembly of Jammu and Kashmir was elected and met for the first time on October 31 in Srinagar. In 1952, the Delhi Agreement was signed between the Prime Ministers of India and Jammu & Kashmir, giving the state a special position under the Indian Constitutional framework. On February 6, 1954, the J&K constituent assembly confirmed the state’s accession to the Union of India. Following this, the President issued a constitution order under Article 370, extending the Union Constitution to the state with some exceptions and modifications.

J&K Constitution

The state’s own constitution came into effect on January 26, 1957, and the first elections to the state legislative assembly were held under this constitution. It also confirmed Jammu & Kashmir’s accession to the Union of India. Section 3 of the constitution states that Jammu & Kashmir is and shall be an integral part of the Union of India.

Article 370

Article 370 was drafted by Sheikh Abdullah and included in the Indian Constitution as a temporary provision granting special status to Jammu & Kashmir. Unlike other states, most provisions of the Indian Constitution do not apply to J&K, except for those related to defense, foreign affairs, finance, and communications. Any other laws require the state’s approval before being applied.

The residents of Jammu & Kashmir live under a separate set of laws, including those related to citizenship and property ownership. This article allows J&K to have its own Prime Minister, President, flag, and constitution, making it unique. Due to these special provisions, Article 370 has been a topic of debate, with opponents arguing that it hinders the integration of J&K with the rest of India.

J&K after Accession

When Kashmir acceded to India, it was divided into two parts: one part joined India, and the other was occupied by Pakistan. Despite the UN’s intervention, India and Pakistan have not reconciled over Kashmir. Refugees from Western Pakistan (1947) still lack fundamental rights and identity in the state. They can vote in Lok Sabha elections but not in local or assembly elections.

In 1957, around 200 Valmiki families were brought from Punjab to J&K as sanitation workers (Safai Karamcharis). They were given conditional state subject rights, allowing them to own property but not take other jobs. Anti-India protests intensified in 1988, leading to frequent curfews in the valley. In 1989, Pakistan provided weapons to militants, causing a surge in terrorism.

Political instability peaked, forcing the then Chief Minister Farooq Abdullah to resign. The situation in Kashmir remained tense, with ongoing conflicts and unrest affecting the region’s stability and security.

In January 1990, after nearly a hundred people died in military firing, militant activities rapidly increased. Violence spread throughout the valley, and Srinagar’s Doordarshan station was attacked, resulting in the director’s death. This marked the beginning of attacks against the Kashmiri Hindu community, forcing many to leave their homes and flee to relief camps. They later settled in Delhi or other places and have been demanding rehabilitation for a long time. Experts believe that the displacement could have been avoided if the administration had taken strict action at the time.

Many steps have been taken to maintain peace in the state, but political instability, separatism, and Pakistan-sponsored terrorism continue to affect Jammu and Kashmir. The ongoing conflicts have made it difficult to achieve lasting peace and stability in the region.

Despite efforts to restore normalcy, the state remains surrounded by challenges, with militant activities and violence persisting. The situation has led to a continuous struggle for the people living in Jammu and Kashmir, who hope for a peaceful resolution.