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.