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Abrogate Article -370 of Jammu & Kashmir - what is there to debate now ?

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Dear Mr.Amit Shah,

President, Bharatiya Janata Party

BJP HQ, Ashoka Road,

New Delhi -110 001

 

Sir,

I am writing to you in the context of controversial Article-370 of Indian Constitution granting special status to the erstwhile princely state of Jammu & Kashmir.  In the context of this Article I would like you to recall what the father of Indian Constitution Dr.B.R.Ambedkar had to say about it to Sheikh Mohd.Abdullah, and I quote 

“You want that India should defend Kashmir, India should develop Kashmir, and Kashmiris should have equal rights as the citizens of India, but you don’t want India and any citizen of India to have any rights in Kashmir. I cannot betray the interest of my country.”

-Dr.B.R.Ambedkar 

As you are aware, Dr.Ambedkar was very rightly not in favour of granting such a special status to the Jammu & Kashmir State at the cost of rest of Indians and being biased to them.  

Here is what Dr.Subramanian Swamy has to say about it

( https://www.youtube.com/watch?v=kCO6m2e1U2I )

Of late there appears to be a shift in its stand that BJP took on its abrogation before the Lok Sabha Elections 2013 contrary to what it envsaged in its manifesto ( http://www.bjp.org/manifesto2014 ). BJP's Candidates for the ensuing Assembly Elections of J&K have been on record to state that they will not let it happen and will take to guns if it happens.  Heena Bhatt is one such candidate who has gone on record to articulate it in as many words and BJP have not clarified its stand. 

Article 370 falls under the Indian Constitution’s Part XXI called ‘Temporary, Transitional and Special Provisions’, the term special enacted by the 13th Amendment 1962 and on 27th November 1963, Pandit Nehru confirmed on the floor of the Parliament his earlier made statement that “Article 370 of the Constitution would disappear by being eroded progressively.” 

To what I understand is that #Kashmir issue is more of a liability and burden on Indian Taxpayer's if it has no accountability or obligation towards rest of India and has been eating into the exchequer of the country.  This "unconstitutional" out of turn & tailor made favour to the state of Jammu & Kashmir is unethical and unjustified to the following extent -

Following Parliamentary laws are not at all applicable to J&K - 

Indian Penal Code 1860

The Prevention of Corruption Act, 1988.

The Religious Institutions (Prevention of Misuse) Act, 1988

The Delhi Special Police Establishment Act, 1946 — An exclusion which ‘may possibly have serious consequences for India and Kashmir’

The Protection of Human Rights Act, 1993

The Representation of the People Act, 1950

The Representation of the People Act, 1951

 

In the same manner certain Constitutional Provisions are exempted from being applicable to J&K:

Article 31C

Articles 36 to 51

Article 51A

Article 134A

Articles 153 to 217

Article 360

It would necessary for the Union of India to explain the rest of Indians as to what is the motivation of extending this continued undue favour to the State of Jammu and Kashmir exempting it from serious constitutional provisions including law & order, financial irregularities, right to information, right to education, human rights violation ( like the one in 1990 that the State saw in the form of #Genocide of Kashmiri Pandit minority ) 

I urge that the BJP leadership will not sccumb to the political pressure and aspirations of its local leaders in Jammu and Kashmir and deviate from its assurance and promise it made to the countrymen about abrogation of Article-370 through its manifesto. 

Thanking you 

With regards 

Rajender Khushu 



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