Home Blog Page 6108

Manish Tewari says Nehru sent forces to annex Hyderabad, does not even mention Sardar Vallabhbhai Patel

OpIndia Staff
-
0
Manish Tewari says Nehru sent forces to annex Hyderabad, does not even mention Sardar Vallabhbhai Patel

A day after Rajya Sabha approved a bill to bifurcate the state of Jammu and Kashmir into two Union Territories, the Lok Sabha began the discussion on the Jammu and Kashmir Reorganisation Bill on Tuesday. Yesterday the President had also issued an order scrapping the Article 35A, and rendering Article 370 ineffective, thereby ensuring full integration of the state with India.

Union Home Minister Amit Shah moved the presidential order issued under Article 370 and the bill to bifurcate the state into two Union Territories in Lok Sabha.

Speaking in the Lok Sabha on the matter, Congress leader Manish Tewari made shocking statements when he credited Former Prime Minister Jawaharlal Nehru instead of Sardar Vallabhbhai Patel for the accession of Hyderabad into the Indian Union despite the fact that Nehru did not contribute to historic act.

Recounting the contentious state’s history, Congress leader Manish Tiwari said, “It is important today that we look back when India gained independence on 15 August 1947, the states were asked to choose between India and Pakistan. But, there was a conflict over three states — Junagarh, Hyderabad and Kashmir.”

Tiwari said, “It was Jawaharlal Nehru who sent a force to annex Hyderabad to be part of India,” said Tewari without even acknowledging the name of Sardar Patel, who was behind the success of Operation Polo, which resulted in the surrender of Hyderabad Nizam to the state of India.

After the partition and independence of India, most princely states had chosen to merge with either India or Pakistan. But the wealthy state Hyderabad ruled by Nizam was an exception, which had decided to remain an independent state. The Nizam hoped to maintain the same relation with Independent India that it was maintaining with British India, but with one exception, without the provision for stationing Indian troops in the states. Although Sardar Vallavbhai Patel favoured the use of force to annex Hyderabad, Prime Minister Jawaharlal Nehru was in favour of talks, and therefore India had signed the Standstill Agreement with the Nizam, maintaining the same relationship like before.

But soon after Hyderbad started violating the terms of the agreement, like giving a secret loan to Pakistan, interfering with Indian road and train communication etc. He had also raised an informal army named Razakars, which had become a threat to India.

Therefore the government of India had decided to annex Hyderabad by using invading the state. It is a known fact that Sardar Patel was behind this decision, as Nehru didn’t want to use force on Hyderabad.

Pakistan has no moral right on Kashmir, first provide same rights to own ethnic minorities: Pakistan minority leader Nadeem Nusrat

OpIndia Staff
-
0
Pakistan has no moral right on Kashmir, first provide same rights to own ethnic minorities: Pakistan minority leader Nadeem Nusrat

A day after the terrorist state of Pakistan attempted to interfere in India’s affairs by protesting against the historic decision of the Narendra Modi government’s decision to revoke special status to Jammu and Kashmir, prominent Mohajir leader Nadeem Nusrat said that Pakistan had “no moral right to speak on behalf of Kashmiris.”

According to the reports, Nadeem Nusrat, who is the chairperson of a US-based advocacy group called Voice of Karachi (VOK), stated that Pakistan must first provide the same rights to all ethnic minorities in its own territory before speaking on behalf of Kashmiris.


“Until Pakistan affords the same rights it is demanding for Kashmiris to its own Mohajir, Baloch, Pashtuns and Hazarah citizens, it has no moral right to speak on behalf of Kashmiris,” said Nusrat.

“While Pakistan demands right to a referendum in Kashmir, is it willing to grant the same right to its own disgruntled ethnic minorities?” questioned Mohajir leader.

He further added, “For decades, Pakistani ministers have been publicly conducting meetings with Kashmiri separatist leaders overseas. How would Pakistan react to Indian minister’s meetings with exiled Mohajir, Baloch and representatives of other persecuted ethnic or religious minorities of Pakistan?”

The US-based group, which represents expatriate Mohajirs, called for the creation of an autonomous “Greater Karachi” within Pakistan. The group advocated for complete autonomy to all ethnic communities and regions within Pakistan.

Nadeem Nusrat also announced that a global campaign will also be launched to escalate its demand for the restructuring of Pakistan. He added that they will soon issue the chief articles of its proposed constitution a day before Pakistan’s Independence Day.

As India rendered Article 370 defunct and bifurcated Jammu and Kashmir, the Pakistani Foreign Ministry had condemned the decision saying it was as a violation of United Nations resolutions.  In a statement, Pakistan Foreign Ministry said on Monday, “Pakistan will exercise all possible options to counter the illegal steps.”

Jammu and Kashmir includes PoK and Aksai Chin too, will lay down life for it: Home Minister Amit Shah roars in Parliament

OpIndia Staff
-
0
Jammu and Kashmir includes PoK and Aksai Chin too, will lay down life for it: Home Minister Amit Shah roars in Parliament

A day after the Rajya Sabha approved a resolution stripping Article 370 for Jammu and Kashmir and a bill to bifurcate the state into two Union Territories, the Lok Sabha began the discussion on the Jammu and Kashmir Reorganisation Bill on Tuesday.

Union Home Minister Amit Shah moved the resolution to revoke Article 370 in Jammu and Kashmir, in Lok Sabha and to bifurcate the state into two Union Territories. 

Congress Lok Sabha leader Adhir Ranjan Chowdhury rose to speak in the Lok Sabha and sought to know from Amit Shah that how can he change the status of Jammu and Kashmir without taking other stakeholders into consideration. He said that the government brought in these rules in an illegal manner.

Adhir Ranjan Chowdhry further demanded an explanation from the government on whether Kashmir is a bilateral issue or not. “You say that it is an internal matter. But it is being monitored since 1948 by the UN, is that an internal matter? We signed the Shimla Agreement & Lahore Declaration, what that an internal matter or bilateral?” said Chowdhry.

“I don’t think you are thinking about PoK (Pakistan Occupied Kashmir), you violated all rules and converted a state into a Union Territory overnight,” Adhir Chowdhury said.

As Adhir Ranjan Chowdhry questioned the legality of the union government to make laws on the region of Pakistan-occupied Kashmir, Union Home Minister Amit Shah slammed Congress leader Adhir Ranjan Chowdhury for questioning the Parliament’s power to amend the status of the Jammu and Kashmir.

He said, “You should clarify on the floor of the House whether it is your party’s stated position that the UN has the right to intervene in the matter of Jammu and Kashmir. Why do you question the Parliament’s authority to decide on its own territory’s fate.”


An infuriated Amit Shah said that PoK is an integral part of India and should never be considered separate from Jammu and Kashmir. He asserted that we will lay down our lives for it.

“When I speak of Jammu and Kashmir, I also include Pakistan occupied Kashmir and Aksai Chin as a part of the territory,” added Home Minister Amit Shah in his reply.

How Indian ‘liberals’ supporting Article 370 are like the racists in 50s and 60s America

Abhishek Banerjee
-
0
How Indian ‘liberals’ supporting Article 370 are like the racists in 50s and 60s America

Yesterday, the Government of India scrapped Article 370, making every Indian an equal citizen, from Kashmir to Kanyakumari. It sent Indian liberals into a tizzy.

All through the day, the government faced all sorts of absurd questions. How can a Constitutional change be made so quickly, they asked, completely forgetting that Article 35A was sneaked into the Constitution through a Presidential decree in 1954, like a thief in the night. Completely forgetting that Article 370 was supposed to be a temporary provision. There were the typical allegations of the government resorting to majoritarian rule. As if democracy is anything else. One liberal went so far as to suggest that this decision of the Govt of India, which makes everyone an equal citizen, is comparable to untouchability or the lynching of black people in the US back in the 50s and 60s!

And people wonder why it is so hard to take liberal “intellectuals” seriously.

I would have laughed away the ridiculous comparison, except that the person in question happened to be a much-decorated “Professor” of all kinds of made-up stuff. His words are usually taken seriously and often quoted in newspapers and on television.

So it really got me thinking about the history of racial injustice, segregation and how it was countered. That’s when you realize just how frightening and regressive the Indian liberal stance on Article 370 really is.

Untitled.png

This is a famous 1963 photograph of Alabama Governor George Wallace standing in protest at the door of the University of Alabama. His mission? To prevent black students from entering the all-white university.

But because of an order from a federal judge, the governor of the state can do nothing. He must allow black students at the university.

The governor insists that the federal government has no right to interfere at the state university and let black students in. He does so in the name of “states rights.”

Sound familiar?

How different is this from those who speak of the autonomy of Jammu and Kashmir and say that Indian citizens from all other states must stay out? How far are Indian liberals from “standing at the door” like Governor George Wallace, demanding that India must enforce segregation?

When you go further into details, you see that the arguments being bandied around by liberals in support of Article 370 are uncannily similar to those of racial segregationists in the United States.

You see, until around 1965, a bunch of American states used to enforce what were called “Jim Crow laws.” These laws mandated segregation between white people and black people in all public spaces. Separate schools, separate clubs, separate bathrooms and the like. And black people would have to sit in a separate section at the back of the bus.

Then, in the 1950s, a period of reformation began. In 1954, the US Supreme Court famously ruled (Brown v Board of Education) that states could no longer segregate schools by race.

What was the excuse of those who wanted to keep the schools segregated? States’ rights!

Then, in 1964, the Federal Government passed the Civil Rights Act which said no government could discriminate on the basis of race.

How did the racists fight back? You guessed it: States’ rights!

In 1965, the Federal Government passed the Voting Rights Act, which imposed special rules on states and districts with a reputation for preventing black people from voting by various means.

How did the racists fight back? You guessed it: States’ rights!

And today, how are liberals trying to stop the Govt of India from making everyone an equal citizen? States’ rights! The autonomy of J&K, they say.

In 1973, the US Supreme Court handed down another landmark judgement in the case of Roe v Wade, giving women everywhere the right to decide whether to have an abortion.

How did the opponents fight back against the liberation of women? They said it was interfering with states’ rights.

Today when the abolition of Article 370 has finally given equal property rights to Kashmiri women, how are liberals fighting back? They say it is against the autonomy of J&K!

Why was homosexuality still a crime in J&K despite the SC judgement last year? Because of Article 370. Now that gay people have rights in J&K, how are liberals trying to block them?

By using the excuse of states’ rights!

So that’s Indian liberalism for you. Supporting segregation by race. Against property rights for women. Supporting the criminalization of homosexuality. By using the same argument that racial segregationists used to employ in the US in the 1950s and 1960s.

Oh and before we forget: why did the Civil War happen in the United States? Because the Southern states wanted to keep slavery. They argued that the Federal Government abolishing slavery was against the autonomy of states.

So Indian liberals, like that Alabama Governor, can “stand in the door” all they want, supporting Article 370 and crying for “states’ rights.” But history will not be kind to them.

Congress parrots Pakistan’s line, invokes UN and ‘bilateral issue’ while discussing Article 370

OpIndia Staff
-
0
Congress parrots Pakistan’s line, invokes UN and ‘bilateral issue’ while discussing Article 370

Congress Leader of Opposition in the Lok Sabha Adhir Ranjan Chowdhury kicked up a storm in the Assembly today by questioning the government whether Article 370 and the state of Jammu and Kashmir is an internal matter. He questioned how can matters related to Jammu and Kashmir be ‘internal matter’ if it is being monitored by the UN since 1948.


“We signed Shimla Agreement and Lahore Declaration, was that an internal matter or bilateral?” he asked. He even added how External Affairs Minister Dr S Jaishankar had told his US counterpart last week that Kashmir matter is a bilateral matter. He sought ‘clarification’ whether Kashmir is an internal matter or a bilateral matter with Pakistan.


This statement from Congress leader is shocking to say the least. Congress is speaking the language of Pakistan which has maintained that Kashmir is part of their territory. India has always maintained that the erstwhile state of Jammu and Kashmir has always been part of India in its entirety. Pakistan has always tried to internernationalise the matter by involving the UN while India has always maintained that Kashmir is an integral part of India and Pakistan has no claim on it. This statement by Chowdhury parrots the line used by Pakistan.

The only matter which is ‘bilateral’ with Pakistan is the disputed region which is illegally occupied by Pakistan. There, too, India maintains that that portion is a part of India.

Home Minister Amit Shah shut him up and said that when he talks about Jammu and Kashmir, he talks about the state in its entirety. He added that when he speaks of Jammu and Kashmir, he also includes Pakistan occupied Kashmir and Aksai Chin, the disputed border region between India and China.

This is not the first time Congress and the party leaders have spoken in Pakistan’s tune. Following the Balakot airstrikes after the Pulwama terror attack, Pakistan’s FM uses Congress’ rants to discredit government of India and the Indian Army. Prior to that Pakistan had used Congress leader Digvijaya Singh’s tweets demanding proofs of airstrikes to target India.

With Congress questioning whether Jammu and Kashmir matter is internal or bilateral, Congress is playing into Pakistan’s agenda which has maintained that Kashmir is not a part of India.

Read the legal process used to abolish Article 35A and render Article 370 ineffective by a Presidential order

Raju Das
-
0
Read the legal process used to abolish Article 35A and render Article 370 ineffective by a Presidential order

The Narendra Modi government created history yesterday by introducing a presidential order, which has effectively scrapped the Article 35A of the constitution, and rendered the Article 370 ineffective. But as the single page order published in the Gazette of India does not mention anything about abolishing these two constitutional provisions giving special status to Jammu and Kashmir, this has led to widespread confusion about what has actually happened. Here is an attempt to explain the Constitution (Application to Jammu And Kashmir) Order, 2019 issued yesterday.

The presidential order on article 35A and 370

Article 35A

Let’s fist take Article 35A, which is completely gone after the order. The Article 35A, which gives the state the right to determine who is a permanent resident of the state, was not inserted into the constitution by an amendment passed by the parliament. It was inserted by the President in the constitution by issuing a similar order, using the powers granted to the president by the Article 370 of the constitution.

The Article 370 says that all the provisions of the Constitution of India do not apply to the state of Jammu and Kashmir. It defines the provisions that apply to the state. Section (1)(b)(ii) of the Article 370 says that President may by order specify any matter to be applicable to the state, with the concurrence of the state government. And Section (1)(d) of the same article states that the president can specify any exceptions and modifications to any provision of the constitution which will apply to the state.

Although the Article 370(1)(d) says that the President can modify an existing provision of the constitution, in 1954, it was interpreted as the President also having the power to insert new provision also, and the Article 35A was inserted in the constitution by the Constitution (Application to Jammu And Kashmir) Order, 2019 issued by the President.

Now the section 1(2) of the order issued yesterday says “It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time”. This means this new order supersedes the 1954 order in its entirety, and all provisions made under the 1954 ordfer stands abolished, which includes the Article 35A. As Article 35A was not inserted by an amendment made by parliament, this should pass legal scrutiny, as it means one presidential order has been replaced with another. The 1954 itself had replaced a 1952 order, which in turn had replaced an order issued in 1950.

Article 370

Now coming to Article 370, technically it has not been abolished, it remains in the book. Let’s take a look at this Article in brief. The first provision of this article says Article 238 does not apply to Jammu and Kashmir, but that article has been abolished long ago, so its redundant. As per The Instrument of Accession of Jammu and Kashmir, any matter other than defence, foreign affairs and communication needs concurrence of the state government to be applicable for the state. And the Article 370(1)(b) states the President will specify the matters which will be applicable in the state, in consultation with the state government. After 1954, several Presidential orders have been issued specifying various laws that become applicable in Jammu and Kashmir. Now, the current order is also similar in that respect, but instead of mentioning a list of provisions, it simply says that the entire Constitution of India will be applicable to the Jammu and Kashmir.

The section 2 of the Presidential order of 2019 says, all the provisions of the Constitution, as amended from time to time, will apply to the state. Instead of mentioning specific provisions, it just says all provisions, otherwise it is same as any other earlier such orders issued by the president. As per Article 370, the president with state government’s consultation had the power to implement the entire Indian Constitution in Jammu and Kashmir all the time, but it was never done. Now with this order, the Article 370 becomes redundant, because Jammu and Kashmir no longer enjoys exception from several provisions of the constitution of India.

The order dated 5th August states that the president has issued the order in concurrence of the Government of Jammu and Kashmir, as per provision of the Article 370(1). And as there is no state government in the state at present, the Governor acts as the government of the state. Moreover, the Article 370 itself says that Government of the State means the governor, who acts on the advice of the council of ministers.

Abolition of Article 370

Although the Article 370 remains in the constitution, the yesterday’s order also has cleared the path to abolish it. The provision for abolishing it is included in the Article itself, in section 3, which says the President may abolish the Article 370 on the recommendation of the Constituent Assembly, which refers to the Constituent Assembly of the J&K. But the problem is, the Constituent Assembly does not exist anymore, as it was dissolved in 1956 after adoption of the Jammu and Kashmir constitution.

The provision was there because Article 370 was meant to be a temporary provision, it was part of Part XXI of the constitution, which is titled Temporary and Transitional provisions. The Article was created to apply provisions of Indian constitution selectively in the state till the time the state constitution was ready, and it was supposed to be abolished after that. But the Constituent Assembly dissolved itself without recommending removal of Article 370, which remained in the book.

Now the yesterday’s order has amended the Article 367 of the constitution, by adding a new section 4(d), which says that the “Constituent Assembly of the State” shall read as the “Legislative Assembly of the State”. This means, if the President decides to remove the Article anytime in future, it could be done with the approval of the Jammu and Kashmir Legislative Assembly instead of the Constituent Assembly.

The order also says in section 4(b) and 4(c) that Sadar-i-Riyasat of the state means the Governor, and Government of the state means the Governor of the state. These two explanations were already present in the Article 370(1), but now they have been included in Article 367. This indicates that the Article 370 may be abolished by a presidential order in near future, and therefore the necessary provisions relating to Jammu and Kashmir have been moved to Article 367.

TMC’s Chief Whip welcomes stripping of Article 370 in a cryptic message. Terrified of didi?

OpIndia Staff
-
0
TMC’s Chief Whip welcomes stripping of Article 370 in a cryptic message. Terrified of didi?

All India Trinamool Congress’ Rajya Sabha MP and Chief Whip Sukhendu Sekhar Roy welcomed the dilution of Article 370 in a cryptic tweet.


Without specifying what he was talking about, Roy tweeted last night that ‘Decades-old Comedy of Errors’ are being rectified now. He wondered if there are more such ‘thunderbolts’ are in the offing. Adding that change is the wheel of our national life, he said that while we are mortals, the nation is not. “We must not sing yesterday once more. Let it be today and tomorrow,” he added.

TMC in the Parliament had yesterday opposed the move of diluting Article 370 in state of Jammu and Kashmir and bifurcating it into union territories of Jammu and Kashmir and Ladakh. Congress, too, had opposed the move to correct the wrong done by Jawaharlal Nehru decades ago. However, many in Congress had gone against the party stand and welcomed the government of India’s move on Article 370.

When Ray was asked whether this cryptic message loaded with symbolism is what we all think it is, he said with a smiling emoji that people are free to draw their own conclusions.


Many politicians have expressed that the central government’s decision was correct and in the interest of India’s territorial sovereignty and welfare of its people. However, not all of them are openly opposing their party’s stand. Parties like BSP and BJD, who are at loggerheads with the BJP at their regional level, had also come out to support the bill.

The Telegraph wants to win a media rat race to the bottom of the pit with its headlines, but in the end, it will remain a rat

Nupur J Sharma
-
0
The Telegraph wants to win a media rat race to the bottom of the pit with its headlines, but in the end, it will remain a rat

The Government of India led by Prime Minister Narendra Modi created history yesterday. In a legally complex move, the Government diluted Article 370 and declared Jammu and Kashmir, and Ladakh as a Union Territory. The move abrogates the special status that was accorded to Jammu and Kashmir for the past 70 years.

The country erupted in celebration as soon as Home Minister Amit Shah made the announcement in the Parliament. While the opposition members behaved like petulant children ready to sacrifice national interest at the altar of petty politics, a promise made decades ago had been fulfilled.

One of the first opponents of Article 370 was Dr Syama Prasad Mookerjee, the founder of Bharatiya Jana Sangh (which was the predecessor of present-day BJP). He had been arrested for protesting against the permit system which was prevalent in Jammu and Kashmir and laid his life down fighting for what he believed in. He found the rules of the permit system for Indian citizens travelling to Jammu and prohibition from settling in the state as abhorrent to the principles of a united nation. In order to protest against this system, he travelled to the state without a permit card. He was arrested near Lakhenpur and lodged in the central jail. Due to his efforts, the permit system / ID card rule was revoked, but he died under mysterious circumstances at a hospital in Srinagar on 23rd June 1953. Demands for independent inquiries were rejected and it was declared that Dr Mookerjee had died due to a heart attack.

It is since the 50s that the seeds of the fight for revocation of Article 370 had begun. Ever since then Jan Sangh and later BJP has maintained that one of its promises to the people of India was to ensure the full and conditionless integration of Jammu and Kashmir with the rest of the nation and for that, Article 370 and Article 35A had to go.

Yesterday, BJP delivered on that promise. A decision that was celebrated across the nation. Of course, when we say ‘across the nation’ we as a matter of principle leave out the ‘Lutyens circuit’ since they are so disconnected from reality, that the common man’s aspiration now appears a mere charade to them.

While several journalists and ‘activists’ mouthed off platitudes after the historic decision, known for it’s in your face’ headlines, the Telegraph discovered a brand new depth of journalism that one thought did not exist.

Telegraph front page

The Telegraph headline screams “PARTITION”. While the Telegraph prides itself in being cheeky with its headlines, at this historic moment, their headline should ideally amount of fanning tensions in the Indian State and toeing the Pakistan line.

Pakistan has always maintained its faulty claim on Kashmir through the decades. It has spilt blood and murdered thousands in its foolish quest to acquire an Indian state. The premise of Pakistan is based on religion. Kashmir has a Muslim majority and the Hindus of the state were killed, raped and driven away from their homeland. The land of Shiva has now become the land where hatred for Hindus, radical Islam and terrorism are romanticised. All of this has been funded, aided and encouraged by Pakistan. A rogue Islamic nation that thrives on exporting terror.

Pakistan has also always maintained that Kashmir is not a part of India. Its shenanigans have been largely rooted in this delusion. Article 370, that gave Jammu and Kashmir special status, which means it had its own constitution, its own flag, even its own Penal Code only furthered the propaganda by Pakistan – that Kashmir was not a part of India.

With the article now rendered useless and Jammu and Kashmir turned into a Union Territory, all laws of India would apply to J&K. People from the rest of the country would be able to buy property in J&K. In one swift motion, Pakistan’s propaganda related to Kashmir was decimated.

The Telegraph, calls this ‘PARTITION’.

As a subtitle, they add that the ‘Partition’ is that of the mind and a state by the largest democracy in the planet without asking the people of Jammu and Kashmir.

Interestingly, Telegraph’s focus on the word ‘PARTITION’ serves a dual purpose. Firstly, it equates the bifurcation of Jammu and Kashmir with the Partition of India. A bloody chapter of the Indian history where millions died in the process. The underlying, unsaid message is rather clear. According to the Telegraph, the Indian State is being an ‘oppressive regime’ and unleashing an era of bloodshed, turmoil and loss in the J&K. Of course, that not one incident of severe violence has been reported and that the valley has been peaceful after the announcement holds no meaning for the paper.

The emphasis of the word ‘PARTITION’ also furthers the Pakistani propaganda. The bifurcation of a state into smaller units is not new. The Andhra Pradesh Reorganisation Act, 2014 bifurcated Andhra Pradesh to form Telangana. In fact, there has been a long-standing demand to trifurcate even Uttar Pradesh since a state that large is difficult to govern effectively. Would this be termed ‘PARTITION’? When a country internally reorganises its states and its internal state boundaries, the term ‘partition’ would not be used to define it. The only way it would be used is if a media organisation like the Telegraph attempts to further separatist sentiments and basically, toe the Pakistan line which peddles Jammu and Kashmir as an independent national entity, not a part of India.

Further, the Telegraph with its headline also furthers the religious divide. The fact remains that for the Indian State, the decision to Reorganise Jammu and Kashmir was a governance decision. A state that has been a cesspool of terrorism must come under the central government for better governance. However, the Telegraph with its headline turned the entire issue into a Hindu vs Muslim debate. Subtly and subtextually, of course. The Partition of India was a product of Muslims not wanting to stay with India and asserting that the Muslim identity in itself constitutes a nation-state. While India did not insist of complete exchange of population, Pakistan demonised, murdered and raped its minority Hindus and declared itself the Islamic Republic of Pakistan.

Perhaps Telegraph wants to assert that a nation like India which has always upheld the unity and integrity of the nation is just as bad as a barbarian state. Or, they want to assert that the Modi government today, which the Leftists like to brand as a ‘Hindu majoritarian’ government, is heaping atrocities on Muslim of the valley just as Pakistan heaped atrocities on its non-Muslim minority community.

Either way, the Telegraph discovered a low that one wouldn’t imagine existed. One can marvel at the mastery of the paper, considering with one word they managed to not only fan separatism and further the Pakistani agenda, but also turn an internal security and governance issue into one of Hindu-Muslim strife. The Telegraph wants to win a media rat race to the bottom of the pit with its headlines, but in the end, it will remain a rat. A rat that wants to tear India’s integrity to shreds.

However, fact remains that a historic wrong was rectified and the sanctity of the nation-state was reinstated yesterday. While the Telegraph can whine and bawl, the nation stands as one. Despite the media’s best efforts to tear it apart.

108 laws including IPC, CrPC, SC/ST Atrocities Act to be applicable in Jammu and Kashmir as Article 370 is stripped

OpIndia Staff
-
0
108 laws including IPC, CrPC, SC/ST Atrocities Act to be applicable in Jammu and Kashmir as Article 370 is stripped

A day after India witnessed a historic event of revocation of Article 370 and bifurcation of the state into two Union territories, the people of the Jammu and Kashmir will be now able to enjoy all the benefits just like any other citizen of the country.

Interestingly, Union Home Minister Amit Shah invoked the same Article 370 to abrogate the controversial provisions in the state. Home Minister Amit Shah invoked section 3 of Article 370, which empowers the President to declare the special status granted to Jammu and Kashmir under the Article inoperative anytime.

Instead of discarding Article 370, the government used the power given by the same Article to the President to make the provision ineffective.

With this special status to Jammu and Kashmir being scrapped, the Government of India has announced that a total of 106 laws shall henceforth apply to the Union Territory of Jammu and Kashmir and Ladakh. From laws related to property, criminal laws of IPC and CrPC to crucial central laws like Right to Information, Education, the proposed two Union territories will see a tectonic shift in their system of administration and governance. 

On Monday, Union Home Minister Amit Shah had announced that Jammu and Kashmir will not be a state anymore and awarded the status of a Union Territory (UT) with legislative assembly. He added that Ladakh will be a separated Union Territory without an assembly like Chandigarh.

With Article 35A gone, the discrimination between permanent and non-citizens of Jammu and Kashmir will cease to exist. The new laws will allow anyone to buy land, invest in the state. The new bill will also allow other citizens of India to settle in the two proposed UTs under the provision of Article 19 of the Indian constitution, where one can move freely throughout the territory of India and to reside and settle in any part of India.

All laws passed by Parliament will be now extended to the proposed Union territories without any exception. Earlier, every legislation, except on defence, external affairs and communications began with an exception clause stating that the law will apply to the whole of India except Jammu and Kashmir.

Additionally, the new bill will bring significant changes in the existing criminal law system of the proposed UTs. The Indian Penal Code will replace the existing Ranbir Penal Code. The Criminal Procedure Code and the Indian Evidence Act will now apply in the state. The other important criminal laws applicable to the region are National Security Act, Prevention of Corruption Act, Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, The Protection of Children From Sexual Offences Act and The Juvenile Justice (Care & Protection of Children) Act.

The new bill The Jammu and Kashmir Reorganisation Bill, 2019 will also enact laws related to the protection of women and children that were not enacted earlier by the Jammu & Kashmir Assembly. The Dowry Prohibition Act, 1961; The Prohibition of Child Marriage Act and Indecent Representation of Women (Prohibition) Act, 1986 will be applicable in the two regions once the bill is passed in the Parliament.

Here is the list of 108 laws that will be implemented to Union Territory Jammu and Kashmir, and Ladakh. Although the last serial number is 106, the list has two serial numbers 67A and 94A, therefore the total number of acts is 108.

1. The Aadhar (Targeted Delivery of Financial and other subsidies, benefits and services) Act, 2016.
2. The Administrative Tribunal Act, 1985.
3. The Anand Marriage Act, 1951.
4. The Arbitration and Conciliation Act, 1996.
5. The Benami Transactions (Prohibition) Act, 1988
6. The Charitable Endowment Act, 1890.
7. The Chit Funds Act, 1982.
8. The Code of Civil Procedure, 1908.
9. The Code of Criminal Procedure, 1973.
10. The Commercial Courts Act, 2015.
11. The Commission for Protection of Child’s Rights Act, 2006.
12. The Commission of Inquiry Act, 1952.
13. The Consumer Protection Act, 1986.
14. The Contempt of Courts Act, 1971.
15. The Delimitation Act, 2002.
16. The Dissolution of Muslim Marriage Act, 1939.
17. The Disturbed Areas (Special Courts) Act, 1976.
18. The Dowry Prohibition Act, 1961.
19. The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.
20. The Easements Act, 1891.
21. The Electricity Act, 2003.
22. The Employees Provident Funds and Miscellaneous Provisions Act, 1952.
23. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
24. The Enemy Property Act, 1968.
25. The Energy Conservation Act, 2001.
26. The Family Courts Act, 1984.
27. The Fatal Accidents Act, 1855.
28. The Forest (Conservation) Act, 1980.
29. The General Clauses Act, 1897.
30. The Governors (Emoluments, Allowances & Privileges) Act, 1982.
31. The Gram Nyayalayas Act, 2009.
32. The Guardian & Wards Act, 1890.
33. The Hindu Adoptions and Maintenance Act, 1956.
34. The Hindu Disposition of Property Act, 1960.
35. The Hindu Marriage Act, 1955.
36. The Hindu Minority & Guardianship Act, 1956.
37. The Hindu Succession Act, 1956.
38. The Identification of Prisoners Act, 1920.
39. The Indecent Representation of Women (Prohibition) Act, 1986.
40. The Indian Boilers Act, 1923.
41. The Indian Christian Marriage Act, 1872.
42. The Indian Contract Act, 1872.
43. The Indian Easements Act, 1882.
44. The Indian Evidence Act, 1872.
45. The Indian Forest Act, 1927.
46. The Indian Nursing Council Act, 1947.
47. The Indian Partnership Act, 1932.
48. The Indian Penal Code, 1860.
49. The Indian Stamp Act, 1899.
50. The Indian Succession Act, 1925.
51. The Indian Trust Act, 1882.
52. The Indian Veterinary Council Act, 1984.
53. The Judges (Protection) Act, 1985.
54. The Judicial Officers (Protection) Act, 1850.
55. The Juvenile Justice (Care & Protection of Children) Act, 2015.
56. The Legal Services Authorities Act, 1987.
57. The Limitation Act, 1963.
58. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
59. The Majority Act, 1875.
60. The Medical Termination of Pregnancy Act, 1971.
61. The Muslim Personal Law (Shariet) Application Act, 1937.
62. The Muslim Women (Protection of Rights on Divorce) Act, 1986.
63. The National Commission for Minorities Act, 1992.
64. The National Commission for Minority Educational Institutes Act, 2005.
65. The National Commission for Safaikaramcharis Act, 1993.
66. The National Commission for Women Act, 1990.
67. The National Council for Teacher Education Act, 1993.
67-A National Security Act, 1980
68. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
69. The Oaths Act, 1969.
70. The Partition Act, 1893.
71. The Pharmacy Act, 1948.
72. The Powers of Attorney Act, 1882.
73. The Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
74. The Prevention of Blackmarketing & Maintenance of Supplies of Essential Commodities Act, 1980.
75. The Prevention of Corruption Act, 1988.
76. The Prevention of cruelty to animals Act, 1960.
77. The Prevention of Damage to Public Property Act, 1984.
78. The Prisoners Act, 1900.
79. The Prisons Act, 1894.
80. The Private Security Agencies (Regulation) Act, 2005.
81. The Prize Chits and Money Circulation Scheme (Banning) Act, 1978.
82. The Probation of Offenders Act, 1958.
83. The Prohibition of Child Marriage Act, 2007.
84. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
85. The Protection of Children From Sexual Offences Act, 2012.
86. The Protection of Human Rights Act, 1994.
87. The Protection of Women from Domestic Violence Act, 2005.
88. The Public Gambling Act, 1867.
89. The Public Records Act, 1993.
90. The Registration Act, 1908.
91. The Religious Endowments Act, 1863.
92. The Religious Institutions (Prevention of Misuse) Act, 1988.
93. The Right of Children to Free and Compulsory Education Act, 2009.
94. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
94A. The Representation of People Act, 1951.
95. The Right to Information Act, 2005.
96. The Sale of Goods Act, 1930.
97. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007.
98. The Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
99. The Special Marriage Act, 1954.
100. The Specific Relief Act, 1963.
101. The Suits Valuation Act, 1887.
102. The Transfer of Property Act, 1882.
103. The Transplantation of Human Organs and Tissues Act, 1994.
104. The Wakf Act, 1995.
105. The Whistle Blowers Protection Act, 2014.
106. The Wild Life (Protection) Act, 1972.

 

Rights-based central legislation like The Right to Information Act, 2005 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are also proposed to be applicable.

Among personal laws, the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the Special Marriage Act enacted by Parliament and currently not applicable to the region are also proposed to be applicable. Other personal laws enacted by the Centre, The Hindu Succession Act, 1956 and The Muslim Personal Law (Shariat) Application Act, 1937 are proposed to be applicable to the region.

The High Court of Jammu and Kashmir shall continue to be the common constitutional court for both the proposed Union Territories. Further, the new bill gives the power to Lieutenant Governor to make laws relating to All India Services and Anti-Corruption Bureau.

JNU communists raise ‘Laal salaam, 370 wapas lao’ slogans at midnight, abuse Army: Report

OpIndia Staff
-
0
JNU communists raise ‘Laal salaam, 370 wapas lao’ slogans at midnight, abuse Army: Report

In a historic move, the central government had yesterday stripped the Article 370 that provided Jammu and Kashmir with a special status and bifurcated the state into two Union Territories.

The communists and Islamist sympathisers at JNU, who are known for their dharnas and hatred for India, reportedly held a protest at midnight. As per reports,  communists at the university gathered late last night to hold a protest against the government’s move to strip Article 370. ‘Lal Salam’ slogans were used in abundance.


As per reports, the crowd gathered there did a lot of sloganeering against the government’s decision and claimed that the stripping of Article 370 is an attack on Kashmir’s ‘culture’. They also raised slogans for bringing back Article 370. The report says that some people from the gathered crowd even said that they do not consider themselves as Indian.

As per a report in Aaj Tak, the gathered crowd used foul language against the Indian Army and the Union of India. The gathered protesters, however, were reportedly trying to avoid cameras.

It is notable here that in February 2016, the students of JNU had organized an event to mark the death anniversary of terrorist Afzal Guru who had attacked the Indian Parliament. Many slogans challenging the Indian State’s sovereignty and calling for its dismemberment were raised.

former JNU student leaders Kanhaiya Kumar, Umar Khalid, Anirban Bhattacharya and several others were booked under sedition charges after the event. The Delhi police had submitted its charge sheet against the accused in December last year.

1...6,1076,1086,109...7,571Page 6,108 of 7,571