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Maharaja Hari Singh who was the king of J&K wanted it to be called another Switzerland. Merger of J&K
with Pakistan was not favored by him. In the war for this state, he was forced to ask India for help. This
help was provided if Kashmir would merge with India. Hence, there was agreement signed between
Maharaja and Jawaharlal Nehru on 26th October, 1947, along with a privilege given to the citizens of J&K
under Article 370.
Left-liberals have slammed the scrapping of Article 370; such is their self-righteousness, resulting in their
confinement to their own echo chamber. They fail to realize they are championing some of the most
illiberal and anti-women provisions modern India has ever seen.
After the Narendra Modi government’s decision on Jammu & Kashmir (J&K), women would no longer be
deprived of their property rights in J&K if they get married to a non-resident. Article 35A, which
HEENA MALHOTRA
P.R.T. Mathematics
emanated from Article 370, prohibited them, till recently, to be property owners if they marry an
outsider.
Article 35A empowered the J&K government to decide who could be a ‘permanent resident.’ Only a
permanent resident could acquire land, get a government job, settle in the state, etc.
Just like some ‘diehard sanskaris’ can’t see evil in lynching, those on the other side of the ideological
spectrum can’t realize how egregious, anachronistic, illiberal, and misogynistic Article 35A and Article
370 were. They call the abrogation of Article 370 as unconstitutional.
But how, Mr. Chidambaram? The preamble to our Constitution says - “WE, THE PEOPLE OF INDIA, having
solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC
and to secure to all its citizens: SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity
of the individual and the unity and integrity of the Nation.”
How on earth could Article 35A and Article 370 be squared with a “secular democratic republic” With
the principles of justice, liberty, equality, and fraternity that it espouses? With the implicit and explicit
stress on non-discrimination that our Constitution is replete with?
The vast majority of Indians have never understood why J&K deserved special status, and certainly
Sardar Patel and B.R. Ambedkar were vehemently opposed to Article 370. Patel told his secretary, V.
Shankar: “Jawaharlal royega (Jawaharlal will weep over this)", and Ambedkar refused to attend the
session that passed the motion. And the fact that many Opposition parties supported the revocation,
that even Congress is divided over it, obviously indicates that politicians know that the people of our
democratic republic feel that it’s time for all Indians to be equal citizens.
HEENA MALHOTRA
P.R.T. Mathematics