Everyone who has heard about India would know that its administrative capital is New Delhi; some people might even know that its commercial capital is Mumbai but people would seldom know that the 'conflict capital' of India is Jammu and Kashmir.
Jammu and Kashmir's special status falls under the 'temporary transitional and special provisions act' of the Constitution of India. It granted special status to the State of Jammu and Kashmir and autonomy over its internal affairs. This enabled Jammu and Kashmir to possess its own Constitution, flag and freedom to legislate laws regarding the basic fundamental rights like residency, citizenship and possession of property and land. However, the Union Government retained control over foreign affairs, communications and the military. Similarly, Article 35(A) was introduced in 1954. It allowed local legislators in Kashmir to define permanent residence and prevented outsiders from permanently settling, buying land, holding local government jobs or winning local education scholarships.
On August 5, 2019, the Government repealed these Articles. This meant that all the provisions in the Indian constitution will now apply to Jammu and Kashmir. Following this Presidential order to revoke Jammu and Kashmir's special status, the Indian Parliament passed the 'Jammu and Kashmir Reorganization Act'. It came into being on October 31, 2019. This divided the state into two territories, Union territory of Jammu and Kashmir and Union Territory of Ladakh.
The removal of these Articles also means that ‘out of state’ Indians will be able to buy property in Kashmir. The Kashmiri's are afraid that this could lead to an influx of Hindus and could significantly alter the State’s demographics from being majority Muslim to majority Hindus.
A lot of emphasis is being given to the fact that the removal of Article 370 and the "special status" would bring about the integration of India. But the question remains, does it keep in mind the love and the sentimental attachment for the "special status" that the people of the Kashmir Valley have? Therefore, sadly but truly, is the integration only on paper or also in reality!
The government's biggest argument for this decision is that it will bring development and peace in the State. Having suffered decades of violence, nobody else has a greater vested interest in peace and development than the Kashmiri’s themselves. These developments, however, have been left vague with mere assertions of bringing in corporate investment. At this stage, it is a big question if any business house would wish to invest in an "uncertain" and "vulnerable" place like Kashmir.
However, if the decision helps the currently displaced Kashmiri pundits return to their home, it will be a huge victory. Furthermore, this decision should end the current discrimination and inequality faced by the women in Kashmir regarding the property rights if they marry someone outside the Valley. Even the people of Ladakh have taken the reorganization positively since they have been pleading to have the status of a union territory for a long time.
At the end I only have one question in mind, could the decision have been taken more efficaciously? Perhaps, the government could have approached it by building a consensus among the people of Kashmir for the removal of these Articles. Only time will determine the merits of this abrogation.
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