THE DISPUTED STATE- KASHMIR

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Kashmir, one of the well known disputed states of
India. It is a region of division among
neighboring countries.
Kashmir had maximum number of wars, riots,
curfews and many other methods of power than
any other state in India.

Kashmir, the state has been the matter of concern
after as well as before the partition the state was
comprise of a very large region of land.At the time
of partition every country tried to extract it into
their own country as much as possible.
Still none of the country has this region as a
whole. India has 55% of the region, Pakistan has
30% of the region named as Gigit/Baltistan or
Azad Kashmir whereas China has 15% of this
region named as Aksai Chin.

The Kashmir Conflict:- (A BRIEF HISTORY)
Shah Mir, the first ruler of Kashmir or Salatin-e-Kashmir in 1339 ruled as a part of Mir dynasty.
later from 1586-1751, it was a part of Mughal
Empire.
In 1828, it became a part of the
Afghan Empire in the same year Ranjit Singh
annexed Kashmir.
In 1846, Ranjit Singh was defeated in
Anglo- Sikh War and Kashmir came under the
British Rule.
In 1849 British sold this region under the Treaty
of Amritsar for 7.5 million rupees to Gulab Singh
known as Raj of Jammu.
Gulab Singh died in 1857 with no ruler of Kashmir.
After the partition in 1947 a dispute over the
former princely state of Jammu and Kashmir.
Pakistan invaded India for the rule over Kashmir
thrice after the partition

Why Article 370 not Article 35A:-
Article 35A of the Indian Constitution was an
article that had empowered Jammu and Kashmir
state’s legislature to define
” permanent residents ” of the state and provide
it special rights and privileges to permanent
residents only.
It was added to the constitution through the
Presidential Order in 1954.
The state of Jammu and Kashmir defined these
privileges to include the ability to purchase land
in immovable property, ability to vote and contest
election seeking government employment and
availing other state benefits such as higher
education and health care.
Non permanent residents of the state were not
entitled to this.
On August 2019, the President of India
Ram Nath Kovind issued and order under the
Article 370 overriding prevailing 1954 Presidential
Order and nullifying all the provisions of the
autonomy granted to the state and introducing of
the Re-organisation Bill.
Making all the provisions of the Indian
Constitution applied to Jammu and Kashmir.
On 31 October 20019, The Jammu and Kashmir
Re-organisation Act was passed by the Parliament
enacting the division of the state of Jammu and
Kashmir into two Union Territories to be called
Union Territory of Jammu and Kashmir and Union
Territory of Ladakh.
Under the special status that was granted to the
state by Article 370 of the Constitution of India.
The state of Jammu and Kashmir was granted
National flag as the addition to its own state flag.
The Article 370 of the Constitution gave a special
status to the state of Jammu and Kashmir
conferring it with power of separate state
Constitution and a state flag and autonomy over
the internal administration of the state.
The article was drafted in Part XXI of the
Constitution. The Constituent Assembly of Jammu
and Kashmir after its establishment was
empowered to recommend the Article to the
Indian Constitution that should be applied to the
state or to abrogate Article 370 altogether.
After the consultation with the state Constituent
Assembly. The Article was issued specifying the
Article of the Indian Constitution. The Constituent
Assembly dissolved itself with recommendation of
abrogation of Article 370. The Article 370 was
deemed to become a permanent feature of the
Indian Constitution.

2019 – 2020 JAMMU AND KASHMIR LOCK-DOWN:-
This lock-down is referred as a
security lock down and communication blackout.
It is imposed to prevent protests in the state
whereas the government states that the
lock down is aimed at curbing terrorism.
The lock down has been into force since
5 August 2019 in the state which is caused by the
revocation of the special status of Jammu and
Kashmir. The lock down not only imposes the
movement but also communication, media and
internet blackout in the state. The government
officials describe these restrictions for preempting
violence and justifies the revocation as enabling
people of the state to access government
programs such as reservation, rights of education,
etc.
According to Scholars, Indian Forces have
committed many human right abuses and acts of
terror against the civilian population of Kashmir
which includes extrajudicial, killing, rape, enforced
disappearance, etc.
According to the Amnesty International, no
member of the Indian Military deployed in Jammu
and Kashmir has been tried for human rights
violation in the Civilian Court.
It has also accused the Indian government of
refusing to prosecute perpetrators of abuses in
the State.

-Tayyaba Hussain

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