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Introduction:

The inclusion of Article 370 in the Indian Constitution stands as a landmark moment in the nation’s history, shaping the relationship between the Indian Union and the state of Jammu and Kashmir. This article explores the critical provisions of Article 370, its historical origins, the architects behind its drafting, and the subsequent contentious revocation that unfolded in 2019.

Key Provisions of Article 370:

Article 370 was a provision in the Indian Constitution that granted special autonomy to the region of Jammu and Kashmir. It allowed the state to have its own constitution and decision-making authority, except in matters related to defense, foreign affairs, finance, and communications. This special status was intended to be a temporary measure, but it remained in place for several decades. In August 2019, the Indian government abrogated Article 370, revoking the special status of Jammu and Kashmir and integrating it more closely with the rest of the country.

Historical Background:

The Accession in 1947 marked a turning point, with Maharaja Hari Singh’s Instrument of Accession permitting Parliament to legislate on specific matters. The drafting and adoption of Article 370 occurred in 1949, solidifying Jammu and Kashmir’s unique status. A Presidential Order in 1954 extended the application of the Indian Constitution to the state.

Architects of Article 370:

Gopalaswami Ayyangar, a crucial member of the Indian Constitution’s Drafting Committee, proposed the inclusion of Article 370. He actively contributed to the drafting and incorporation of this article, which conferred special status upon the state of Jammu and Kashmir. Ayyangar justified the need for Article 370 in the Constituent Assembly, pointing to the “special conditions” prevailing in Jammu and Kashmir, such as the ongoing conflict in the region during that period.

Role of Sheikh Abdullah in Article 370

Sheikh Abdullah played a pivotal role in the talks that culminated in the incorporation of Article 370. In July 1949, he, along with three others, received nominations from the ruler of Jammu & Kashmir to participate in the Constituent Assembly. The negotiations occurred at Sardar Vallabhbhai Patel’s residence in the presence of Prime Minister Jawaharlal Nehru and ultimately led to the adoption of Article 370.

Throughout the discussions, Sheikh Abdullah emphasized that the Article should not extend to Fundamental Rights and Directive Principles, leaving it to the state’s Constituent Assembly to make the decision. His active engagement and negotiations with Indian leaders significantly influenced the shaping of Article 370, bestowing special status upon Jammu and Kashmir.

Key demands of Sheikh Abdullah during the negotiations for Article 370?

During the negotiations for Article 370, Sheikh Abdullah, the Prime Minister of Jammu and Kashmir, had several key demands. He insisted that the Article should not extend the Fundamental Rights and Directive Principles, but leave it to the state’s Constituent Assembly to decide whether or not to adopt them. He also wanted the state to have its own constitution and decision-making powers, except in the areas of defence, foreign affairs, finance, and communications. Abdullah’s involvement and negotiations with Indian leaders were instrumental in shaping the provisions of Article 370, which granted special status to Jammu and Kashmir

Jammu and Kashmir Constituent Assembly:

The Jammu and Kashmir Constituent Assembly comprised representatives elected through adult franchise, totalling 75 members exclusively from the National Conference party. Emulating procedures akin to the Indian Constituent Assembly, smaller groups within the Assembly formed committees responsible for crafting draft articles.

These committees’ reports, containing the proposed articles, were then presented to the plenary Assembly for approval or rejection through a vote. Convening for the first time on October 31, 1951, the Jammu and Kashmir Constituent Assembly played a pivotal role in defining the state’s relationship with the Indian Union. It achieved this by enacting the Constitution of Jammu and Kashmir, acknowledging the state’s integral part in India while retaining its distinct special status.

Who were the members of the Jammu and Kashmir constituent assembly

The Jammu and Kashmir Constituent Assembly was composed of 75 members, all of whom were from the National Conference party. Some of the prominent members included Sheikh Abdullah, Mirza Mohammad Afzal Beg, Maulana Mohammad Syed Masudi, and Moti Ram Baigra

Sampat Prakash and article 370

Sampat Prakash, a Kashmiri nationalist, trade unionist, and activist, played a crucial role in advocating for the preservation of Articles 370 and 35A, which granted special status to Jammu and Kashmir. He believed that these provisions were essential for safeguarding the identity and rights of the Kashmiri people. In the case of Sampat Prakash vs State of Jammu & Kashmir, he contested the modification of Presidential Orders under Article 370, and the court ruled that Article 370 had never ceased to be operative. Sampat Prakash’s unwavering commitment to these causes earned him respect within the mainstream separatist movement

Sampat Prakas recently died on July 1, 2023 in Srinagar

How Article 370 was Removed:

The removal of Article 370, which granted special status to the region of Jammu and Kashmir, was executed through a constitutional process initiated by the Indian government. The key mechanism employed was the utilization of powers under Article 370(1) to amend Article 367, the interpretation clause of the Constitution.

When Article 370 was Removed:

The revocation of Article 370 took place on August 5, 2019. This historic decision marked a significant shift in the status and autonomy of Jammu and Kashmir within the Indian Union.

The Process of Removal:

The government’s decision to revoke Article 370 was driven by the aim to address violence and militancy in the region and to integrate Jammu and Kashmir more closely with the rest of the country. By amending Article 367, references to the “Government of the State [Jammu and Kashmir]” were modified to “Governor of the State,” rendering Article 370 ‘inoperative’ while still existing in the constitution.

This constitutional manoeuvre allowed the government to dismantle the autonomy granted by Article 370, including the annulment of Article 35A. The removal of Article 35A opened up the possibility for non-Kashmiris to buy property in the region, sparking concerns about potential demographic changes.

The decision to revoke Article 370 was met with considerable controversy, with varying opinions among legal experts and political leaders. While some argued that the revocation breached the spirit of the provision, particularly due to the absence of concurrence from the Constituent Assembly of Jammu and Kashmir, others supported the government’s decision. The move received majority support in the Indian Parliament, with backing from various political parties.

Govt justification on the Revocation of Article 370

The Indian government justified the revocation of Article 370, which granted special status to Jammu and Kashmir, as a necessary measure to quell violence and militancy while facilitating the integration of the region with the rest of the country. The removal of Article 370 was carried out through the utilization of powers under Article 370(1), which allowed amendments to Article 367, the interpretation clause of the Constitution. By altering references to the “Government of the State Jammu and Kashmir to “Governor of the State,” the government effectively rendered Article 370 ‘inoperative,’ despite its continued presence in the constitution.

Supreme Court upheld the revocation of Article 370

The government’s revocation of Article 370 was affirmed by the Supreme Court, which decreed that the dissolution of Article 370 would only occur upon the recommendation of the Constituent Assembly as specified in Article 370(3). The Court also upheld the President’s authority to issue orders under Article 370, encompassing the ability to add, amend, vary, or rescind them

Key Takeaways:

• Article 370 granted special autonomous status to Jammu and Kashmir within the Indian Union, with limitations on central government’s jurisdiction.
• The provision’s historical roots lie in the Instrument of Accession signed in 1947 and aimed to address specific regional concerns.
• Its revocation in 2019 sparked significant controversy, with arguments surrounding constitutionality, potential benefits for regional development, and concerns about human rights and Kashmiri identity.
• The Supreme Court upheld the government’s action, but legal challenges and discussions on the issue continue.
• The long-term impact of Article 370’s revocation on Jammu and Kashmir, India, and regional stability remains to be seen.

For related content Get your copy on the exodus of Kashmiri Pandits” Kashmiri Pandits:  A tale of solitude and Survival  and explore the heart-wrenching yet inspiring saga on Kashmiri Pandits

Kashmiri Pandits. The name itself paints a picture – a people with a history stretching back thousands of years, deeply connected to the land of Kashmir. Kashmiri Pandits have known victories and losses, their rich culture blooming like the valley’s roses and weathering tough times like the mountain peaks.

Imagine families living in the same place for ages, hearing stories of gods and goddesses whispered in ancient temples. That’s the heritage carried by the Pandits, passed down through generations. But their journey hasn’t been easy. They’ve seen their land change hands, and their beliefs challenged, but they held their heads high, adapting and keeping their spirit alive.

Then came a dark chapter – a forced exodus that tore them away from their homes, scattering them like seeds in the wind. Leaving everything behind, fear gripped their hearts, a pain that still lingers even today.

But the Pandits are not just defined by their suffering. They’re the heroes who rebuilt their lives, brick by brick, carrying their traditions in makeshift temples and stories shared amongst loved ones. They’re the children who grew up with tales of a lost paradise, longing for a home they’ve never known.

Let’s explore the history of Kashmiri Pandits

Who are Kashmiri pandits

Kashmiri Pandits are the aboriginal people of Kashmir.  Kashmiri Pandits, are a group of people with a unique history and culture deeply woven into the fabric of Kashmir. But their journey hasn’t been easy. It’s filled with ups and downs, triumphs and tragedies, that showcase their incredible spirit.

The forefathers of the Kashmiri Pandits traversed northward from the ancient banks of the Sarasvati River, establishing their abode in the Kashmir Valley over five millennia ago.

Emergence of Shaivism:

The 1st millennium witnessed Kashmir blossom into a prominent centre of Hinduism. Shaivism, a major Hindu sect worshipping Lord Shiva, took root and flourished during this era. Renowned philosophers like Adi Shankaracharya played a pivotal role in its revival, leaving an enduring legacy of profound teachings and monastic centres.

In the initial half of the 1st millennium, the Kashmir region evolved into a pivotal centre for Hinduism and subsequently, under the reigns of the Mauryas and Kushans, for Buddhism. The ascent of Shaivism during the ninth century, amid the Karkota Dynasty’s rule, marked a significant indigenous development. Flourishing through seven centuries of Hindu dominance, it continued under the Utpala and Lohara dynasties, reaching its culmination in the mid-14th century.

Over the centuries, Kashmiri Shaivism evolved into a distinctive school of thought within the broader Shaiva tradition, renowned for its unique philosophical doctrines, mystical practices, and devotional poetry. Scholars such as Abhinav Gupta, a 10th-century philosopher, played a pivotal role in blending tantric practices with profound philosophical insights, contributing significantly to the development of Kashmiri Shaivism.

Spread of Islam

The spread of Islam in Kashmir gained momentum from the 14th century onward. The region witnessed a series of invasions and migrations that contributed to the propagation of Islam. Muslim rulers and dynasties, such as the Shah Mir dynasty and later the Chak dynasty, played a crucial role in the establishment of  as a dominant religious and political force.

While the dawn of the Shah Mir dynasty marked a new chapter, it marked a shadow on the Kashmiri Pandit community, facing religious conversions, religious killings, persecutions and measures like the ‘jizya’ tax, and the desecration of their cherished temples. The destruction of the Martand Sun Temple is a stark reminder of the violence that was inflicted on the Hindu community during this period.
For more information read ” Uprooted and Forlorn”: The tale of Kashmiri Pandits in exile

Unravelling the Tragic Saga of Forced Migration

In the late 1980s and early 1990s, the serene valleys of Kashmir became the backdrop for a heart-wrenching tale—the mass exodus of the Kashmiri Pandit community. A convergence of political turmoil, religious intolerance, and escalating violence propelled thousands to abandon their ancestral homes, leaving an indelible mark on the community’s identity.

As extremism gained momentum, the Hindu faith of Kashmiri Pandits became a target. A rising wave of religious intolerance, coupled with targeted persecution, created an atmosphere of fear, where the safety of the community was compromised.

A Dark Turning Point: Targeted Killings and the Flight of Kashmiri Pandits

From 1989 to 1990, a series of horrific events triggered a mass exodus of Kashmiri Pandits from their ancestral home in the Kashmir Valley. This article highlights some of the key incidents that fueled fear and forced displacement:

September 14, 1989: The assassination of prominent Kashmiri Pandit leader Tika Lal Taploo marked the start of targeted attacks on the community. This grim event foreshadowed the exodus to come.

November 4, 1989: The brutal killing of retired judge Justice Neelkanth Ganjoo, who had sentenced a Kashmiri separatist leader to death, sent shockwaves through the community and heightened anxieties.

February 13, 1990: The kidnapping and murder of well-known Door Darshan broadcaster Lassa Kaul further amplified the atmosphere of fear and insecurity among Kashmiri Pandits.

April 30, 1990: The tragic killing of renowned poet Sarvanand Kaul and his son, followed by their public display, epitomized the escalating violence and terror faced by the community.

These targeted killings, coupled with a pervasive climate of violence and intimidation, forced a large number of Kashmiri Pandits to flee their homes and seek refuge elsewhere in India.

On January 19th, 1990, during a period of heightened tensions in Kashmir, a large number of Kashmiri Pandits, a minority Hindu community, were forced to flee the Kashmir Valley due to threats and violence.

This mass exodus significantly altered the demographic and cultural makeup of the Kashmir Valley, leaving a permanent scar on the region’s history.

Lost Home: Imagine leaving the place where your family has lived for generations, the streets you played on, and the whispers of history in the air. That’s what happened to Kashmiri Pandits. Their villages, now deserted, hold the echoes of a vibrant past.

Lost Culture: More than just houses, they left behind a way of life. Festivals, traditions, and even everyday routines had evolved along with them in Kashmir. In their new surroundings, they strive to keep their culture alive, but it’s like a garden uprooted, struggling to bloom again.

The trauma of forced migration left enduring psychological scars. The mental health of individuals bore the brunt of the exodus, with the echoes of violence and upheaval haunting the collective psyche of the community.

The dispersion of the community posed challenges in maintaining a cohesive identity. The Kashmiri Pandits, now scattered across different regions, grappled with the task of preserving their cultural continuity in the face of geographical and societal diversity.

FAQs on Kashmiri Pandits

Who are Kashmiri Pandits?

Kashmiri Pandits are a Hindu community with a rich history and deep connection to the Kashmir Valley.

What happened to them?

They faced a forced exodus in the 1990s due to violence and insecurity, leaving their homes and scattering across India.

How are they coping?

Despite the challenges, they have rebuilt their lives, preserving their traditions and culture.

What is their future?

Many hopes for a safe return to their homeland, while others focus on contributing to society.

Demand justice for the Kashmiri Pandits: Raise your voice and support initiatives seeking accountability for the atrocities they faced. 

Imagine a celestial tapestry, shimmering with threads of divine essence. Among them, one radiant strand stands out – Lal Ded, a mystic poetess whose very being defied earthly constraints. Like a luminous moonbeam piercing the velvet night, she transcended the mundane, embodying unwavering devotion and weaving verses that echoed with celestial fire.

AMI PANA SUDDRAS NAVE CHASS LAMAN

KATI BOZI DUY MYON MEYTI DIYI TAAR

AMEYE TAKEYN PONIV ZAN SHEMAN

ZUV CHUM BRAMAN GARA GATSHAHA

“With a towline spun from fragile thread, I guide

my boat across the boundless sea.

May God heed my plea

and safely bring me ashore!

Like water in cups of unbaked clay,

I flow away without a trace.

Oh, may I reach my destined home!”

A woman cloaked in defiance, draped in devotion, her words like molten silver carving verses onto the soul – that was Lal Ded, the 14th-century mystic poet who ignited Kashmir’s literary landscape. Born into a world of rigid traditions, Lal Ded dared to break free, not with violence, but with the quiet thunder of her Vakhs – poems that crackled with spiritual insight and everyday wisdom.

Her early life was a tapestry woven with hardship. Married at a tender age of twelve, she faced the cruel hand of fate – an abusive mother-in-law and an indifferent husband. Yet, Lal Ded’s spirit refused to be dimmed. She sought solace in the embrace of Lord Shiva, the supreme deity of Kashmir Shaivism. On the banks of the Jhelum River, she met her guru, Siddha Srikanth, who unlocked the doors of yoga and meditation, leading her on a path of spiritual awakening.

Transformed by enlightenment, Lal Ded shed the shackles of her worldly life. She embraced the open sky, her bare feet tracing the dusty paths of Kashmir, her voice carrying the weight of her Vakhs. These weren’t mere poems; they were embers of rebellion, challenging the rigid caste system, social discrimination, and hypocrisy that choked the society.

Lal Ded, also known as Lalla, Lal Arifa, Lalleshwari, Lal Yogeshwari, and Lalla the great, was a 14th century Kashmiri mystic and poet. She was the creator of Vakhs, a kind of poetry that expresses spiritual insights and experiences in simple and powerful language. Lal Ded’s verses are some of the earliest compositions in the Kashmiri language and form an integral part of the Kashmiri literature and culture.

Lal Ded was born in 1320 in Pandrethan, near Pampore, in the district of Pulwama, in a Kashmiri Pandit family. She was educated in the religious texts and married off at the age of 12 to a family that regularly mistreated her. Her mother-in-law was cruel and abusive, and her husband was indifferent and unfaithful. Lal Ded endured the hardships of her married life with patience and devotion, but she was not happy. She longed for a higher purpose and a deeper connection with the divine.

She found her solace in the worship of Lord Shiva, the supreme deity of the Kashmir Shaivism school of Hindu philosophy. She would spend hours at the temple of Shiva on the other side of the river, where she met her guru, Siddha Srikanth, who initiated her into the path of yoga and meditation. Under his guidance, Lal Ded attained spiritual enlightenment and realized her true nature as one with Shiva. She then renounced her worldly life and possessions, and wandered around naked or in rags, singing her Vakhs to the people. She became known as Lal Ded, which means “Lalla, the grandmother”, as a sign of respect and affection.

Lal Ded’s Vakhs are spontaneous expressions of her mystical experiences and teachings. They are short, simple, and profound, often using metaphors and symbols from nature and everyday life. They convey the essence of Kashmir Shaivism, which is based on the recognition of one’s own self as identical with the universal consciousness. Lal Ded’s Vakhs also reflect her openness and tolerance towards other faiths and traditions, such as Sufism and Buddhism. She often engaged in dialogue and debate with other saints and scholars, and challenged the rigid and orthodox views of the elite and the clergy. She was a rebel and a reformer, who questioned the caste system, the social and religious discrimination, and the hypocrisy and corruption of the society. She advocated for the equality and dignity of all human beings, regardless of their gender, class, or creed. She was a source of inspiration and guidance for the masses, who loved and revered her as their mother.

Lal Ded died in 1392, leaving behind a legacy of spiritual wisdom and poetic beauty. Her Vakhs have been preserved and transmitted orally by the people of Kashmir for centuries, and have been translated and interpreted by various scholars and writers. Her Vakhs have influenced the development of the Kashmiri language and literature, and have enriched the cultural heritage of Kashmir. Lal Ded is widely regarded as the greatest poetess of Kashmir, and one of the most influential mystics of India. She is a symbol of Kashmir’s syncretic and pluralistic ethos, and a role model for generations of seekers and lovers of God.

Siddha Srikant ( Guru of Lal Ded)

Siddha Srikanth was a Kashmiri Shaivite saint and scholar who lived in the 14th century. He was the family priest and spiritual guru of Lal Ded, the famous mystic poetess of Kashmir. He initiated her into the Shaivite Sampradaya, a tradition of Hindu philosophy and practice that worships Lord Shiva as the supreme reality. He also taught her the scriptures and the methods of yoga and meditation. He was a respected and influential figure in the Kashmiri society, and he had dialogues and debates with other religious leaders and thinkers, such as the Iranian Sufi Mir Syed Ali Hamdani and Nund Rishi. He is credited with composing some hymns and verses in praise of Shiva and his consort Parvati. He is also regarded as one of the pioneers of the Kashmiri language and literature, along with Lal Ded.

Shiv Bhakti

Lal Ded’s shiv bhakti, or devotion to Shiva, is not limited to a sectarian or ritualistic approach. She views Shiva as the supreme reality, the source and goal of all existence. She identifies herself with Shiva, saying “I am He and He is me”. She also recognizes Shiva in everything and everyone, saying “Shiva abides in all that is”. She seeks to merge with Shiva through love, knowledge, and detachment. She practices yoga, meditation, and self-inquiry to attain this union. She also advocates ethical conduct, compassion, and social justice as expressions of shiv bhakti

Even after her passing in 1392, Lal Ded’s legacy continues to bloom. Her Vakhs, preserved for centuries by the whispers of Kashmir’s people, have been translated and cherished, their essence woven into the very fabric of Kashmiri language and literature. She remains a symbol of Kashmir’s syncretic spirit, a testament to the power of a single voice to ignite a revolution, not with weapons, but with the transformative fire of words.

Lal Ded’s story is a testament to the human spirit’s ability to rise above adversity, to find solace in the divine, and to challenge the status quo with the gentle yet potent force of love and wisdom. In her, we see not just a poet, but a mystic, a rebel, and a mother, her legacy as eternal as the snow-capped peaks of her beloved Kashmir.

Like Lal Ded, who dared to defy societal norms and sing her truth naked and free, may we too shed our limitations and embrace the divine spark within. As her Vakh proclaims, “Within this earthen pot, the same Light shines as in the sun and moon.” Let your light shine, dear reader, and illuminate yiour world with a great purpose of life.