Understanding Kashmir: History, Article 370 & Article 35a | Ep.100 The DeshBhakt with Akash Banerjee
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Understanding Kashmir: History, Article 370 & Article 35a | Ep.100 The DeshBhakt with Akash Banerjee


Apart from certain commonalities between India and Pakistan such as the unfulfilled dream of winning the 2019 World Cup, Coke Studio and hyperactive media Another thing that is common is – KASHMIR. “Libtard, anti-national, anti-Indian, Pakistani, urban-naxal..” Despite knowing that we will receive brickbats for this, Deshbhakt will try to know about the core issues of Kashmir in our 100th episode. Kashmir reminds Bollywood about location, Media about TRP, Politicians about article 370, and Public about Nationalism; but nobody is reminded of the Kashmiri People- the real issue of Kashmir. But during attacks like Pulwama, people start attacking Kashmiris to prove their Nationalism Kashmir is worst than places like Syria, Iran, and Afghanistan in terms of being a militarized zone. There is around 7 lakh security personnel deployed in Kashmir in today’s time. These forces are not deployed only to fight Pakistan. Countering increasing militancy in the valley is a bigger issue. There are protests and stone-pelting incidents in Kashmir every Friday. On average, there are 4 deaths in Kashmir in a day. Defense forces and civilians in Kashmir know any day they could face killing and end up in a grave. But we are more bothered about the happenings in Pakistan than in Kashmir. Kashmir’s tragic state has been reduced to a comedy on TV. The sufferings of the people of Kashmir has become a source of entertainment for us because it is easier to just sit and abuse. The Kashmir story is so complicated that if it had been a paper in schools, kids would have hated it the most and not chemistry. Why is the air in Kashmir filled with the sound of guns? Why have people of Kashmir not got freedom for violence, even more than 70 years of India’s Independence? Recently home minister Amit Shah gave a statement in Parliament saying article 370 is not permanent. What do Kashmir’s citizens want, who cares?! Let’s get into a little history of Kashmir to understand article 370. Let us take the Kashmir issue as a love triangle with two boys fighting to get a girl. But nobody cares about the consent of the girl. The story dates back to India’s Independence, 72 years ago. Even though India received Independence from British rule in 1947, it was on just papers. Many areas in India that were divided into princely states. Many areas in India that were divided into princely states. Both Sardar Patel and Jinnah were trying to get the rulers of these states into India and Pakistan, respectively. The dirty game of politics begins here. Patel was slowly including these states into India using his diplomacy skills but was facing difficulty with Hyderabad, Junagarh, and Kashmir. The biggest issue among these states was not Kashmir but Hyderabad. Patel did not want India to lose Hyderabad at any cost since Hyderabad was an important part of South India and lied at the center of the country. He managed to keep Hyderabad with India by successfully dealing with the Nizam of Hyderabad. That is why a statue of his worth Rupees 3000 has been built. But he did not have much interest in Kashmir with 80 % of the Muslim population. Kashmir was closer to Pakistan. Nehru had a big role to play in stopping the division of Kashmir from India. Both Nehru and Gandhi wanted Kashmir to be in India as that would prove that Jinnah’s Two-Nation Theory is wrong. Gandhi wanted to prove that a Muslim majority state can successfully be a part of secular India. At that time, Nehru had a close friendship with Sheikh Abdullah, a Kashmiri politician. Hari Singh, the ruler of Kashmir, was insecure with the friendship of Nehru and Sheikh Abdullah He did not want Kashmir to be a part of India as he feared his powers might be given to Sheikh Abdullah by Nehru. Being a Hindu, he did not want to merge Kashmir with Pakistan either and thus wanted to keep Kashmir independent While Pakistan signed the agreement sent by Hari Singh, India invited the Kashmir government for negotiation In between this, Pakistan attacked Kashmir. So back-stabbing is not new to Pakistan. This led to the signing of the instrument of accession between India and Kashmir according to which Kashmir joined India. The issue of Kashmir led to the first war between India and Pakistan. Nehru took the issue to the United Nations. This agreement led to article 370. Till now, neither has the situation in Kashmir improved nor have the Kashmiri people got the referendum, resulting in the partition of Kashmir and formation of Pakistan Occupied Kashmir. Kashmir has become a major topic of dispute between India and Pakistan. If this dispute gets resolved today, many people who have been fighting for it would lose their life’s motive. But very few people are aware of the issues faced by Kashmir and its people. When it comes to Kashmir, nobody has a clear idea of what the actual story is. Let’s look at how article 370 affects the situation in Kashmir. Article 370 was brought as a temporary provision in the Indian Constitution. Later, It was made a special provision by the Supreme Court. Under article 370, the Central Government cannot take decisions on state-subjects apart from Defence, External Affairs and Communication, without consulting the Government of Kashmir. In the Instrument of Accession itself, there were some conditions laid by the Kashmir ruler which included the demand of having a separate constitution. It was negotiated that Kashmir can maintain its autonomy until the dispute is settled by a plebiscite. So article 370 is a way to merge the Indian constitution with the Kashmir constitution. Till 1965, Kashmir would elect the Prime Minister and not the Chief Minister. Removal of article 370 will remove the restrictions that are there on Central Government. However, under article 370, the President has the powers to make changes in the constitution by bringing presidential order. Article 35 A has been added in the constitution using a similar order. Out of the 97 subjects in the Union list in which Parliament makes the law, 94 subjects are applicable to Kashmir, like the other states. That means Kashmir is autonomous for namesake only. So article 370 is weak in itself now. The people of Kashmir are holding on to a faint hope that their rights will be protected due to the article. But who cares for their “hopes”?! “It will be sold in jewelry shops someday!” Removal of article 370 can lead to violence in the valley because it is an emotional issue in the valley. Many people believe that article 35A is unjustified for the rest of the citizens of the country. Let’s try and understand what is article 35A otherwise, this discussion will be as illogical as discussing reservation with a casteist. Under article 35A, Kashmir’s government is allowed to define its permanent definitions and make provisions for them. These provisions prevent non-Kashmiri residents from buying land, applying for jobs or scholarships, and getting admission in any professional college in the state In simpler terms, no one can make use of the state resources of Kashmir apart from its permanent residents. You can go, visit Kashmir as a tourist only, can’t settle there. It should be noted that the Kashmir is not the only state to be granted special status. Under article 371B, special provisions are made for tribals of many different states of India. Even in Himachal Pradesh and many other North Eastern States, you cannot buy land until you are a domicile of that state. But the topic of Pakistan evokes more emotions in the people of India than anything else. Removal of article 35a would still not allow non-residents in Kashmir to buy immovable property as these rights are protected in para 8 of the Instrument of accession. Article 370 can cease to be operative only through the President’s orders with the concurrence of the Kashmir’s constituent assembly. The central government does not have a role or authority in this matter. If you’re still tuned with us, let me tell you the story is not over yet. This is just the first part of understanding the issue of Kashmir. This dispute is so controversial that no one really tries to decode the core problem. In the second part we will try to understand the details of insurgency and what steps will the government take for Kashmir in future. As per the demand of our viewers, we are discussing Kashmir as part of our 100th episode. But since the issue of Kashmir is vast, we have divided the episode into two parts Thanks to our patrons who helped us reach the 100th episode Especially our ultimate Deshbakhts whose constant support has helped us reach where we are You can also become a Patron on Patron.com/akashbanerjee Like and subscribe to help us reach from the 100th episode to the 1000th episode The Deshbhakt will be back soon with the next part.

100 Comments

  • Pk Rock Star

    Well described .. But war Modi ne krni hai.. Kashamir ki wja se.. Kyu k isreal use kr raha h Modi ko Pakistan ka khalaf…

  • proud panther

    Ever thought why peace in Azad Kashmir and unrest in Indian occupied Kashmir? Just simply because Indian government has no concern for the feelings of Kashmiris.

  • Hamza Khattak

    OK I have a question… Please if anyone can answer… So my question is after the standstill agreement… Was Pakistan the first to sent it's troops to Kashmir or was it India…. Because what I have read in my books… Is that hari singh after the standstill agreement requested India to sent troops because he was at that time forced to accede to India

  • Asif Waqar

    Bro ap kidr na kidr unhonest ho jaty ho
    1. Hury singh ny kashmir sell kiya tha india pr baghair awam ki marzi sy q k wo hindu tha aor osy paise ki creed thi q k awam pakistan k sath jana chahti thi aor iska hury singh koi faida nhi tha islye os ny kashmir bej kr apna rob jama diya q k wo agr ye nhi karty aj kashmir pakistan k pass hota.
    2.pakistan main 99 % log kashmir ki khushhali chahti hai islye kashmir main sab awam kashmir ko pakistan k sath milana chahti hai aor isliye india ko insecurity hai aor odr indian army beji hai
    3. Pakistan k pass bhi ada kashmir hai odr ki to ik khabar bhi nhi ai.
    4. Tabhi to quaid e azam ali jinnah two nations theory main yaqeen rakty thy aor on ki theory sach hogai aor indians muslims aor indian occupied kashmir Muslims ko bhi yqeen agaya k quaid e azam ki two nations theory sahi hai

  • Tanisha Punyani

    I am in 12th standard … Sir, thankyou so much for making such videos and telling me the real news. Now-a-days what comes in tv news is a opinion of politicians themselves. Nobody dares to say and debate against .. them .. But reallly proud to have a citizen like you … A responsible citizen 🥰🇮🇳❤❤🙏🙏

  • Abhishek Upadhyay

    The Kashmir problem is not something which is new to the world, wherever Muslims are in majority or are closing towards it they want to have shari'a law for them and therein lies the separatist mindset.
    What is happening in Palestine is a case in point, in Russia's chechnya Muslims live under shari'a law, in Dearborn, Michigan, USA Muslims don't want law enforcement or any other interference from govt. Authorities.

    Whereas wherever Muslims are in majority they don't allow any other religion or even atheists, they either force Islam on non believer or they declare them dhimmies( second class citizen deserving of abomination).

    Name a single Muslim majority country where either partially or full shari'a law is not in force.
    As far as Kashmir is concerned, the kashmiri Muslims either want to join Pakistan because it is Islamic or they themselves want to be ruled by the caliphate.
    Pulwama attacker Adil Ahmed Dar in his video had made it amply clear and had left no doubt about kashmiriyat, he said he wanted to wipe out Gau Mutra drinking Hindus, there was no local issue he was interested in , he was filled with visceral hate towards Hindus.
    Jammu and Kashmir does not only consist of Kashmir and kasmiri Muslims but it also consists of laddakh which is Buddhist majority and jammu which is Hindu majority, and opinion of these two state minorities also have to be considered.
    Kashmiri Muslims are responsible for the exodus of kashmiri pandits becuase they wanted to make Kashmir more Islamic.
    Indian interest in Kashmir is chiefly because of its Geo-strategic importance and if it loses Kashmir then it will be opening floodgates for more invasion from Pakistan and also China.

    If kashmiris really want their future to be bright then they can join the mainstream India , accept it's laws and be patient towards dhimmie Hindus but if their only motive is nizam-e-mustafa then they can join Pakistan because we Hindus have now understood your strategy of separating with a piece of land and slowly converting the whole region to Islam.
    We want Kashmir either with kashmiri Muslims or without them, the choice rests with kashmiri Muslims.

  • Haseeb Arif

    I am Kashmiri refugee in Pakistan, i agree what you said but i also know that Kashmiris will stand with Pakistan as i have talked many times with my relatives in Indian occupied Kashmir.

  • saim sammy

    Kashmiri ruler decided to go with india, but kashmiries were muslims and they wanted to ve with pak, the people of kashmir asked pak army to. Help them and the raja asked the help of indian army hence the 1948 war

  • Jacob Kbh

    LOL… today was the day of half truths on this channel… and India is the Godess of truthness….. atleast this guy think he is in command of all truth and facts…LOL

  • RED Productions

    90% Kashmiris Want to be merged with Pakistan as you said UN agreement declared that kashmir will be the property of that country to whom the majority of kashmiris want to merged and in current day 96% kashmiris wants to be merged with Pakistan and that's why Indian Army is using force in Kashmir to keep it secret.

  • Bivor Mallik

    Deshbhakt, Really like your videos! Have you thought of making podcasts? People can listen to you on the go and your production cost would be a lot less, just a thought.

  • Abdul Basith

    Just awesome knowledge sir hats off to you from bottom of my heart, that's great knowledge for those who don't have knowledge about article 370 and 35a…pls phela research karo phir desh bhakti batao jai hind hindustan zindabad…

  • Abrar Kiyani

    BC KA BACHA , IN THE END YOU ARE MODI SUCKER ,, YOU ARE FACE OFF ,, I AM KASHMIRI AND I WILL TAKE MY FREEDOM FROM indian

  • Basit Hamza

    O ab tujy ni pata k kashmir k log kya chaty hain agr kashmir k sath india atna acha ha to waha k logo k sath kya kya krta ha ya bat to tujy be pata ha bs jan kr galat bayani kri

  • Techno Gamer

    Bro hari singh kashmirio pr zulam.krta tha histiry prho and kashmirio ne us ki govt pr hamla kia tha naa k pakistan

  • karishma 15 अगस्त कश्मीर में नहीं मनाया जाएगा

    मोदी भारत के लिए बर्बादी है Modi is a waste to India

  • Mushtaq Khan

    Zabardast video lekin bhai Pakistan ney Kashmir men apni taang isliye arai thi kio k raja hari singh ney jab India sey jurney ka faisla kia to Kashmiri Muslims ney us faisley ko qabool ni kiya aur Pakistan sey help mangi jiske baad Pakistan Kashmir men dakhil howa aur Kashmir abhi bhi Pakistan k sath khud mukhtar riyasat k tor pe hain inka wazir e azam b alag hai

  • Ibrahim Khan

    I liked the way you presented your video of not being bised byt the problem is that we are never told the right history about our nations just like we are not told about the right picture of Gandhi in our history in pakistan same in India no one is told that hari singh was trying to flee thousands of muslims so it could be not be a muslim majority state and the three obligations of 2 of 3rd June plan would be implicated but when the people were being driven out point to be noted those who attacked the kashmir in the first place were pashtun and kashmiri tribesmen that were the citizens of kashmir so no pakistani attacked first after indian army intervened then pakistani army attacked, so we need to think with frsh minds nd go on the tables and forget about the differences and lets hear the voices of kasmiris

  • Ranjha jutt

    I can't believe People like u exist in India! Modi is a failure name and now he is trying to diverting all of you Indians attentions like he won the election ofter palwama attack, palwama attack was inside job 💯

  • Harry Kh

    very good and informative video brother… love from Pakistan👍👏! give Kashmiri people rights and freedom of choice… no occupation and use of force! let them decide their future! rarely saw an Indian talking sensibly and logically…!

  • MOEEN UD DIN

    Kashmir Ek jaga ka naam nahi hai ye ek porry ki porry industry hai.Boht sari dukanen chal rahi hein yahan par.
    Courtesy : Aiyaary

  • Rad Ran

    Bhakt Banerjee start at 1800 not in 1947. Dogras of Kashmir supported British army. Dogras fought against indian/sikh army. When I google freedom fighter in Kashmir only name I get is buran Wani. That means no one from Kashmir fought the British for freedom. Now atleast India and Pak had one common agenda British se aazadi. Fucking Kashmir never wanted azadi from British rule. I ask why does Kashmir deserve to be part of India? How has Kashmir helped India? Bahar pheko sab Kashmiris Ko. Dagabaz India army ke khilaf fight karte hain

  • Ali Rajpoot

    being a pakistani i thank you for making such a neutral video… why dont we both sides have media persons like u who dont spread hatred.. both our media is spreading too much negativity.. they simply want war.. war is never an option..we both are nuclear powers.. we both wont get anything out of it but just coffins and destruction… thank you akash for making such a daring nuetral video.. i request you to request to the youth of India . dont promote negativity.. people who are giving hate speeches spreading hatred . discourage them.. we wil do the same.. most people say we muslims are terrorists. i simply qoute u my Holy prophet MUHAMMAD s.a.w.w said " aik insan ka qatal puri insaniyat ka qatal hai" using the word insan clarifies that he s.a.w.w didnt say killing a muslim or didnt mention any religion.. simply used word human.. peace is the only way.. not war. thank you

  • pheonix pyramid

    Hold on! Tell the world When Kashmiris will have Chance to decide their fate themselves. Why would non-Kashmiris living thousands miles away in Delhi with different language colour culture creed decide ????

  • Hamza tariq

    I'm seeing first india who is really thinking about kashmires not kashmir respect you sir and i hope kashmir issue solves soon with peace

  • Kevi tsome

    Arnab when he see this … Anti nation … Y r u like this .. The nation want to know … The nation is not kashmir but rss…

  • Muhammad Nadeem

    teen princely states mai say Hyderabad Daccan ka Nawab usman Nizam independent rehna chahta aur muslim honay k natay Second choice pakistan tha . Sardar petail k tammam lolly pop nakam hogay pakistan k taraf jakao dekhtay hoay Indian Army nay attack karkay qatel Aam karkay hyderabad daccan par qabza karlia panch Din beganah loogon ko qatal kia gia Ghalab aur magloob ko pattana nahi kehtay. (2) Junnah garh k nawab maratab ali khan to pakistan aay aur pakistan say ilhaq ka agreement Sign b kar dia leekin on ki ghair majoodgi main riasat ki peth main chora khonp dia yani attack kar Zabardasti qabza kar .lia gia .foj kashi karkay qabzay ko pattana kehtay hain Junagarh k nawab to kabi wapas nahi gay jungle ka qanoon might is right.

  • Sardar Randhawa Jatt

    Hatt bhenchod rss ke tatto saale apna moh tu ase banata hai jaise kisi ne lund ke chupe mare ho.apne kan veek bandar de kana varge.

  • aamirkhawaja45

    If indian Hindus have 2 large population in the world that's prove Muslim ruler were tolrated peacefull undiscriminated with their subjects.muslim majority was not mob lynching Hindus extra judicial or unjustic judical killing of muslims and other minorities of hindu india under rss and hypocratic Gandhi family.these people proved mr.jinnah was extremely right of two nation theory.hindu divide india wish ru look e over muslims and take revange their so called slavery 1000 year.

  • Khalid Mahmood

    تھوڑی سی ڈنڈی ماری گئی ھے مگر پہلی بار کسی انڈین سے اتنی بہترین انداز کی گفتگو سنی, آپ کی معلومات انڈین نواز ھی ھے آذدانہ نالج نہیں یا آپ بھی رام رام ,,,,,,, ہی ھیں- آذادانہ ھونے میں ممکن ھے آپ کو مشکلات ھوں-

  • Orida Zaman

    indian government want kashmir for its fertile land and resources.. they have no empathy for Kashmirs.. secondly Pakistan has not attacked kashmir,,, after signing on agreement.. indian troops started to kill Kashmirs ,, and they have killed around 500000 people … so muslims came there for their help… u people are great in making stories the way u like,,, but listen,, truth after frustration,, at the end boils over

  • Hafizur Rahman

    Noth east ke jo article 371 hai modi ji woh bhi hata dete agar northeast Muslim bahul ilaka hoti. J&Kashmir ka hataya q ki Muslim bahul ilaka hai

  • R3b

    anti national, phaansi dedo issey. ye galat baat karta hai.
    waah modi ji waah, aap phenkte jaao, issey Akash ko hum dekhte hai, deshdrohi saala

  • urooj nafees

    Pechy se chura ghonpny ki adat?? HINDU mahraja musalmano ka genocide kr raha tha us wqt pakistani foj nahi balky kpk se civilian warriors aey thy kashmiri musalmano ko bachany..kabhi socha hy pakistani side k kashmiri q peaceful or khush hen or indian side k q nahi?? OR akhir kab india referendum karvae ga kashmiriyo ki marzi jan'ny k lye???

  • Asma Mehboob

    Kashmirion ko Hak do unki merzi kya ha. Jeene ka Hak. Aazaadi ki tehreekon ko aj tk kon rok Ska ha. Zberdasti kisi k gher ghussne pr log laren gy ni kya?

  • Asma Mehboob

    1947 me Kashmir ki population 80 percent muslim thi jo Pakistan me shamil hona chahtey thy. Lekin unko Hak ni diya gya balke zberdasti ghuss gy. Ab BJP musalmano ki nsl khatam kr k hindu ko abaad kr rha ha.

  • Asma Mehboob

    Two nation theory aj b zinda ha. Kashmir b Muslim state ha. Hindustan ka hissa ni bne ga.india zulm krna bnd kr DE ni to ye Kashmir atomic war ki Bari wjha bne ga.

  • Ameera Khan

    should give them independent country kashmir.. india zulam kar raha hai kasmir py pakistan nai india ny abhi tak kitny kashmiri ko mara hai pakistan zulam karta abhi azad kashmir py kar leta.. this all about religious kashmiri ma muslim k sth zayati hai hindu k sth nai

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