Hon'ble Supreme Court of India : Remove 370 & 35A, Save Kashmir

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(A petition in the support of PILs filed by Shri Ashwini Upadhyay, Advocate-Supreme Court, and others in the Hon'ble SC seeking the abrogation of Article 370 and 35A in Kashmir to achieve the state of permanent peace and stability)

This is not the first time that we have lost our soldiers. For the past three decades, Kashmir has been facing and tolerating the bites of terrorism, but it is the misfortune of this country that even after such a heinous attack, Pakistan’s name wasn’t even brought up at the all-party meet.

After being defeated by India in direct wars, these ghastly acts of terrorism have been rampant in the valley, since the 90’s. It is the consequence of our own mistakes that where we were standing thirty years ago, is the exact position we’re currently standing in too. We saw a lot of political rules in these thirty years, but none of them looked above their own self-interest to try and give a permanent solution for the Kashmir Problem; the results are palpable—We have always been hesitant to take a major step against Pakistan, and therefore, its intent kept strengthening. It is the consequence of our own leniency that we have been attacked and hurt again and again, our soldiers have been martyred, but other than criticizing, we could never do anything else– whether it was the attack on the Parliament, Taj hotel and other Mumbai attacks, Akshardham temple, Amarnath, Gurdaspur, Pathankot, Uri or the most recent Pulwama, and innumerable others as well (if we went on naming all of them, we’ll run out of space terrorist attacks in india); till when will we have to keep sacrificing our soldiers? Till when will the newly-wed brides be widowed? Till when will these daughters be orphaned? Till when will these mothers keep crying? Till when will the Rakhis sit waiting for the brothers? And till when will fathers keep bearing the burden of old age in the hopes that these series of Jihadi attacks will come to an end in the valley…

The entire world is aware of the puppet government in Pakistan. Pakistan – an undemocratic nation that wears the robe of democracy and encourages terrorism in the valley; Pakistan – the devil, that trains and shelters terrorists on its soil who wreck havoc and spread terrorism in the entire world. Pakistan is the greatest threat to world peace.

If we still believe that taking away the MFN status from Pakistan, or blocking their water-supply by diverting the rivers, or again performing some sort of surgical strike is going to make Pakistan understand, then either we are great fools; or again, turning from the permanent solution to the Kashmir Problem. Pakistan itself was created with a crooked agenda; it doesn’t care about its development, or its citizens; it just wants this spectacle of death to keep on continuing.

Whatever mistakes we have made in the past, in the present all our actions to fight terrorism will be impotent until and unless each and every person living in the valley won’t raise the Tiranga and say “Bharat Mata ki Jai” from their hearts.

The way Article 370 has catered to the growth of separatist agenda in Kashmir isn’t concealed from anyone Article 370.  Was an attack so huge in scale like Pulwama possible without the help of the regional residents? Why every time after the death of a terrorist, we observe acts of stone pelting on our army, every time; have you ever listened such kind of wickedness in any other country? Why do these separatist organizations and other regional parties render a quiet attitude at the martyrdom of our brave soldiers, but observe a mourning for hundreds of days at the death of terrorists like Wani, who have made the valley a living hell? How does a kid who used to be a die-hard Dhoni fan, leave his intermediate exams, run away from his home, first become member of a terrorist organization in the name of Jihad, and then hit the CRPF convoy with a vehicle full of 300 Kgs of explosives, even without thinking of his own life? How the hearts of some youths living there are poisoned against their own country?

These are the thorns that have been pricking the heart of our nation for decades; and the answer to all these is Art 370. You must remember the August of last year, when merely the news of a hearing for the plea of abolishing 35A art 35A brought a sense of fear, and shook the ground from beneath the feet of Hurriyat & the other separatist parties; they came down on the roads asking to stop the hearing from taking place; they had created a scene of great chaos, confusion and ruckus.  What is all this? Why do such people, who live in this very country, don’t hesitate from stabbing our Bharat Maa right in her chest, and Delhi doesn’t take any steps and rather chooses to turn a blind eye towards the situation?

Due to the Article 370 having been applied in the valley, it acts as a hindrance in spreading and applying policies of National Interest. No one knows what the children there are taught in the factories of Majhabi studies. We very talk of dividing Islamabad on the International platform, but till we find some solution of these hidden snakes living and growing in our own home, nothing is going to be of any consequence. As long as art 370 is applied, we won’t be able to connect the misled and outraged youth to the mainstream of the nation .

Its Heading itself states “Temporary Provisions”, so why wasn’t it annulled at the 1957 first Jammu and Kashmir Legislative Assembly Election. It is providing Indian citizenship to Pakistani terrorists; it is against ‘One Nation, One Constitution, One Anthem & One Flag’. And there is its offspring 35A which makes laws related to the Residents of Jammu and Kashmir, is again completely unconstitutional, and was enforced by the President's order without any Parliamentary session.

We have always been looking up at other nations to declare Pakistan a terrorist state, but we ourselves, due to international reasons haven’t been able to do so; but annulling Article 370 is our internal affair, in which no outside entity can interfere. America has withdrawn its army from Afghanistan, according to experts, this will result in the increase in the power of terrorism due to the uniting of terrorist organizations.

Fighting terrorism isn’t going to get any easier for India. This is the time, to finally annul Article 370. If art 370 is annulled in the Kashmir valley, it will be the first concrete, result-oriented and meaningful step towards fighting terrorism. Maybe this will give rise to a situation of slight unrest temporarily in Kashmir, but this will be the first step towards restoring absolute peace and quiet permanently in the valley. We can’t keep dying a slow, morbid death like we have been dying each and every day for the last thirty years. The annulment of Article 370 will automatically solve 80% of Kashmir Problem.

We appeal our Central Government to bring ordinance against Article 370 and 35A.

Currently, there are many petitions against Article 35A. In the last September, Advocate Ashwini Upadhyay had filed a PIL in the Hon'ble Supreme Court challenging the validity of Article 370 in Kashmir. We firmly support these PILs and request the Hon'ble SC for urgent hearing, as these are of National Interest.


If you really respect Indian Army, if you really love your country, and want to do something solution-oriented in order to maintain a permanent peace in Kashmir, please sign the petition.