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article 370 1565188182

Opinion | How Article 370 Changed the Special Status of J&K

By : Syed Showket

News Desk by News Desk
August 24, 2024
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If our so-called special status only brought us dead bodies to our homes, restricted our growth, radicalized our minds, led to imprisonment, tarnished Kashmir’s global reputation, fuelled terrorism, and blocked opportunities, then we are better off without it. “Ye special status unhe ko mubarak,” as those who played politics with it can keep it.

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Before 2019, the so-called “special status” of Jammu and Kashmir was a myth, often perpetuated by regional politicians for their own benefit. These leaders repeatedly claimed that this status was a unique privilege, but in reality, it was a narrative used to mislead the people of J&K. Even today, some continue to argue that this special status was unjustly taken away on August 5th, 2019. But let’s clarify what was truly lost on that day. On August 5th, 2019, the abrogation of Article 370 marked the end of several negative aspects that plagued the region, the hotbed of terrorism, the radicalization of youth, stone-pelting incidents, corruption in job placements and admissions, and the cycle of unrest and violence. These elements were taken away, not the supposed “special status.” In return, Jammu and Kashmir received peace, progress, and development.
Understanding Articles 370 and 35A
Before diving into the events following the abrogation, it’s crucial to understand the basics of both Articles 370 and 35A, concepts that many in Kashmir were unfamiliar with before August 5, 2019. Article 370, however, it’s important to note that both Article 370 and Article 35A applied to all residents of the former state of Jammu and Kashmir, regardless of their religious beliefs. Article 370 essentially highlighted the provisions of the Indian Constitution that were not applicable to Jammu and Kashmir. As a result, many amendments aimed at the welfare and benefit of Indian citizens were implemented across the country but were not extended to Jammu and Kashmir.
Article 35A, on the other hand, defined the permanent residents of J&K. However, it infringed upon the basic rights of women, denying them inheritance rights to ancestral property if they married men who were not subjects of the state. No such restrictions applied to men from J&K who married women from outside the state. This provision also facilitated the violation of fundamental rights for Scheduled Castes (SCs) and Scheduled Tribes (STs) who had lived in the state for generations. Additionally, refugees from West Pakistan who arrived in J&K during the Partition in 1947 were denied state citizenship for 72 years until the abrogation of Articles 370 and 35A. These refugees were finally able to vote in the District Development Council (DDC) elections held in 2020, post-abrogation.
THE RETURN GIFTS OF ABROGATION OF 370?
Now that five years have passed since the abrogation of Articles 370 and 35A, it’s essential to reflect on the changes that have taken place. Many Kashmiris, myself included, have come to realize what the region has gained since 2019. As a student, I’ve experienced firsthand the shifts that followed the abrogation.
The education system in Kashmir, which crumbled after the exodus of Kashmiri Pandits, remained in a state of decay for decades due to continuous unrest and violence in the valley. Before I discuss the uninterrupted schooling we’ve experienced post-2019, I want to share a vivid memory from 2016, a time that stands in stark contrast to the present.
In 2016, I was an 8th-grade student 100 kilometers from home. That year, after the killing of Burhan Wani, street unrest engulfed the entire Kashmir valley. Every nook and cranny was fuming with tension. Despite the turmoil, my school remained functional, and I had to return to it. My father and I set out at around 1 AM, hoping to avoid trouble. But after just half an hour of driving, we encountered a large gathering of boys, most around 15 years old, looking furious and restless. One small boy approached us and began questioning my father. I was shocked when he demanded to see my father’s ID card. With a long stick in hand, he struck the backlights of our car. His face was masked, and he appeared dangerous. This is how Kashmir’s youth were misled in the name of Azadi and an independent Kashmir by external elements and their sympathizers in the valley.
However, the situation drastically changed after 2019. We’ve all witnessed the uninterrupted schooling of students since then. No longer do we see young boys on the streets with sticks and stones, masked faces, and aggressive attitudes. Instead, we see them going to school six days a week, participating in cultural programs and sports. I believe that post-2019, the students of the valley have been shown their rightful place—one of learning and growth. This transformation underscores why the decision of August 2019 was necessary for Jammu and Kashmir.

Restoration of peace was the first gift for the abrogation. Since August 2019, Kashmir has seen a significant shift towards peace and stability. The fear of violence, abductions, and unrest has diminished, allowing daily life to return to normal. Schools remain open, businesses thrive, and the region has experienced a notable decrease in violence. This peace has paved the way for development across sectors like tourism, industry, and infrastructure. As Mahatma Gandhi once said, “Peace is the greatest weapon for development.” The post-abrogation period in Kashmir has proven this true, as the region moves away from turmoil and towards progress.
The influx of tourists is a clear indicator of the peace and effective policies in place. In both 2022 and 2023 Kashmir recorded the highest numbers since independence. As of July 27 data, the Shri Amarnath Yatra also saw record participation, with over 4.5 lakh pilgrims. This surge in tourism has boosted the local economy, benefiting everyone from street vendors to hotel owners. “Naya Kashmir” is becoming a reality, with tourism playing a vital role in the region’s economic revival. The promotion of film tourism, the rise of start-up culture, and targeted schemes have provided a ray of hope to Kashmir’s youth. Initiatives like the ₹5 lakh health insurance coverage for every Kashmiri (compared to ₹2.5 lakh in the rest of India), improved roads and connectivity, the completion of the historic USBRL project, agricultural subsidies, enhanced accountability, and e-services are all outcomes of the transformative events of August 5, 2019.
As a student, and after many discussions with my peers, I’ve come to the conclusion that if our so-called special status only brought us dead bodies to our homes, restricted our growth, radicalized our minds, led to imprisonment, tarnished Kashmir’s global reputation, fuelled terrorism, and blocked opportunities, then we are better off without it. “Ye special status unhe ko mubarak,” as those who played politics with it can keep it.
vadaiekashmir@gmail.com

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