Kashmir Dispute: A Curious Case Study By An American (Part 2)

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In continuation of Kashmir Dispute: A Curious Case Study By An American (Part 1)

Never Ending Kashmir Dispute


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In this second part of the article on Kashmir Dispute, team Explicit Facts will try to explain the basic issues which were unresolved for the last 70 years and has drained all the resources of both neighboring countries India and Pakistan.

Let’s dive into the controversial topic without wasting any further time.

Article 370

In March 1948, the Maharaja appointed an interim government in the state, with Sheikh Abdullah as the prime minister.

In July 1949, Sheikh Abdullah and three other colleagues joined the Indian Constituent Assembly and negotiated the special status of Jammu and Kashmir (J&K), leading to the adoption of Article 370.

The controversial provision was drafted by Sheikh Abdullah.

Article 370, which came into force in 1952, empowered J&K to be a near autonomous state since it limited the Indian government’s authority to just external affairs, defence, finance and communication.

This provision allowed J&K to have a Sadar-e-Riyasat for governor and prime minister in place of a chief minister till 1965 as well as its own flag and constitution.

Article 370 ensured that the law of citizenship, ownership of property, and fundamental rights of the residents of Jammu & Kashmir are different from the residents living in the rest of India.

Under Article 370, citizens from other states cannot buy property in Jammu & Kashmir.

Under Article 370, the Indian government had no power to declare a financial emergency.

Sheikh Abdullah wanted to turn Article 370, the only temporary provision in the Indian Constitution, into a written-in-stone edict that could not be replaced or terminated by future Indian governments.

This violated the very understanding which India’s Constituent Assembly had reached with the state of Jammu and Kashmir – that the accession of the state to the Indian Union would be put on a slow but certain pace through Article 370.

Fortunately for India, Sheikh Abdullah did not succeed in voiding the temporary nature of Article 370, which is why the Article has now reached it’s a logical conclusion, under the current Indian government.

Article 35A

Article 35A which comes under Article 370, gave the Jammu and Kashmir Legislature full discretionary power to decide who the ‘permanent residents’ of the state are.

It gave them special rights and privileges regarding employment with the state government, acquisition of property in the state, settling in the state, and the right to scholarships and other forms of aid that the state government provides.

It also allowed the state legislature to impose any restrictions upon persons other than the permanent residents regarding the above.

Article 35A proscribed non-permanent residents of Jammu and Kashmir from permanently settling in the state, buying immovable property, acquiring land, applying for government jobs or any kind of scholarship, aids as well as other public welfare projects.

Address to nation by India’s PM Mr. Modi after scrapping of Article 370 and 35A

Courtesy – Youtube

A Walled Garden

Article 370 and it’s component Article 35A turned the state of Jammu and Kashmir into a Walled Garden.

Inhabitants of this garden could venture out and enjoy all benefits of the land outside, but residents from the land outside would have very little freedom or privileges if they walked into the garden, even though the garden was part of their land.

The walled garden designed by Sheikh Abdullah in collusion with India’s first Prime Minister Pt. Jawaharlal Nehru would turn out to be a golden cage for Kashmir that would keep it in Indian territory while preventing any encroachment from Pakistan, or even from entities within India.

However, a few decades down the line, this approach would precipitate a disastrous series of events not only for Jammu and Kashmir but also for India.

India didn’t know that yet, nor did the state of Jammu and Kashmir.

The Night of January 19, 1990

Pakistan had not forgotten its unfinished business from the war of 1947 – 1948.

It had captured a third of Kashmir. However, two-thirds of Jammu and Kashmir which included the prized Kashmir valley was still in Indian territory.

Pakistan had been biding its time for an opportune moment to strike.

That time came in the late 1980s. By 1989, Pakistan believed it now had a proven strategy. It was the one used to defeat the Soviets in Afghanistan.

The strategy of infiltrating well trained Mujahideen across the Indian border into Kashmir to train and arms locals and incite them to foment jihad against every Indian entity present in Kashmir.

Also, Pakistan had the nuclear umbrella, to deter (as it hoped) any significant pushback from India in response to the proxy-war about to be launched in Kashmir.

The nuclear threat was a tactic that Pakistan used very effectively against a far more powerful but surprisingly docile India, for a span of almost 25 years (till a man named Modi would come and call Pakistan’s nuclear bluff).

Thus, Pakistan launched an asymmetric war in Kashmir.

The cold, dark night of January 19, 1990, had stirred into life the worst nightmares of Kashmiri Pandits living in the Kashmir valley.

Screaming from loudspeakers and crowded streets was a message for the Sikhs and Hindus living in Kashmir – Ralive, Tsalive ya Galive which translated from Kashmiri means “Convert to Islam, leave the place, or perish“.

The threats had been coming in for a long time, but the night of January 19 is said to have seen a demented assault of a different level.

Almost 3 decades later, Kashmiri Pandits shiver remembering the night that forced them into exodus.

Colonel Tej Kumar Tikoo, a Kashmiri Pandit himself, describes that fateful night in his book, Kashmir: Its Aborigines and Their Exodus[5].

“As the night fell, the microscopic community became panic-stricken when the Valley began reverberating with the war-cries of Islamists, who had stage-managed the whole event with great care; choosing its timing and the slogans to be used.

A host of highly provocative, communal and threatening slogans, interspersed with martial songs, incited the Muslims to come out on the streets and break the chains of ‘slavery’.

These exhortations urged the faithful to give a final push to the Kafir in order to ring in the true Islamic order.

These slogans were mixed with precise and unambiguous threats to Pandits. They were presented with three choices – Ralive, Tsaliv ya Galive (convert to Islam, leave the place or perish).

Tens of thousands of Kashmiri Muslims poured into the streets of the Valley, shouting ‘death to India’ and death to Kafirs.”

“The (Kashmiri) Pandits could see the writing on the wall. If they were lucky enough to see the night through, they would have to vacate the place before they met the same fate as Tikka Lal Taploo and many others.

The Seventh Exodus was surely staring them in the face. By morning, it became apparent to Pandits that Kashmiri Muslims had decided to throw them out from the Valley.

Broadcasting vicious Jihadi sermons and revolutionary songs, interspersed with blood curdling shouts and shrieks, threatening Kashmiri Pandits with dire consequences, became a routine ‘Mantra’ of the Muslims of the Valley, to force them to flee from Kashmir.”


Ethnic Cleansing of the Kashmiri Pandits

Through the export of battle hardened Mujahideen into Kashmir, the Pakistan military and the ISI had set in motion a strategy which would later be described as “bleeding India by a thousand cuts”.

The Muslims in the valley were being trained physically and psychologically, to envision a Kashmir free of any Hindu influence, geared up to demand statehood and complete independence from India.

Before the turn of the 21st century, Kashmir would be ethnically cleansed of Hindus that had called it home since the inception of the land.

Those Kashmiri Pandits that Stayed Back or Returned…

However, some Kashmiri Pandits would not leave or would come back to the valley. These are their stories.

The teacher and his students: Neelkanth Raina was a school teacher who chose to stay back, despite the dire warnings from the Muslim fundamentalists.

He was killed by his own students in cold blood while his neighbors assisted the killers in quickly escaping from the crime scene.

The murder was meticulously planned and skillfully executed.

The Lab Assistant: Girija Kumari Tikoo was a laboratory assistant at a Government High School. She had already left the valley along with other Hindus in early 1990, and was living in a refugee settlement in the neighboring Jammu province.

Hindus living in refugee settlements in their own country just because their Muslim neighbors would no longer want them in the neighborhood – ever heard of such a travesty of fate in any other part of the globe?

She went back to the valley for a few days to collect her dues from the school never to return.

On her way to the school, she was kidnapped by Muslim fundamentalists, gang-raped and sodomized before being cut into pieces in a sawmill. She was survived by a 4-year-old son and a 2-year daughter.

The Professor and his Wife: Professor K.L Ganju and his wife, Mrs. Prana Ganju were kidnapped along with their nephew.

After showering bullets on the professor his body was quickly disposed of into the turbulent waters of the river Jhelum.

Like in the movies, his nephew was given a choice – to jump into the river or watch his aunt’s modesty getting outraged, of which he took the first choice, and survived.

Mrs. Ganju, she was gang raped, her breasts chopped off before she was killed.

If you dig into Kashmir’s history circa 1990 and the early 90s, there are hundreds of gruesome cases of terror and betrayal against resident Kashmiri Hindus to narrate.

But, the cases of Neelkanth RainaGirija Kumari Tikkoo and the Ganju couple drive home an important point.

All of them were killed after the Hindu community had already left.

These atrocities were thus a signal from the Muslim majority community to the exiled Hindus, never to even think of returning to their homeland.

Their houses had been occupied, their places were being renamed, Kashmir was no longer theirs.

Just as the dust of Hindu eviction from the valley was settling, it dawned upon the terrorist leadership of the Kashmir valley, their mentors in Pakistan and their apologists in the media all over the world that the public perception of the secessionist movement in Kashmir was getting damaged.

So, a narrative began to be promoted that the Indian government had conspired to get the Hindus evicted so that Indian security forces may freely oppress the Muslim population.

The religious terrorism of the Kashmiris underwent cosmetic surgery and began to be called a political struggle.

The underlying thought process actively promoted by Pakistan was – now that Kashmir has been cleansed of almost all traces of Hinduism from the valley, it is time to revert to the 1947 formula concocted by a consortium of power crazy megalomaniacs from the Muslim League, that every piece of land with Muslim domination, should secede to Pakistan.

To this day, Kashmir remains a religious and civilizational conflict. It has no political dimension except on the surface.

2019: Pre August 5

Kashmir and the Rest of India

The picture below shows how young women in Kashmir spend their day. Pelting stones at Indian security forces is the high point of their morning or afternoon.



And this is how many young women in the rest of India spend their day. Bouncing ideas off each other during the lunch hour so they could crack that technical challenge they encountered during the morning.


The above picture is from one of the campuses Infosys [6]has built across India. Infosys is the legendary Indian IT behemoth that was the first Indian company to be listed on the US NASDAQ in 1999.

I am not promoting Infosys, I have no personal interest in the company, but I have a point to make.

Time for a Q & A

Q: Does Infosys have a campus in Kashmir?

A: No.

Q: Why not? Wouldn’t young ladies in Kashmir want to switch the fun job of stone pelting with the more productive (and lucrative) job of code crunching on laptops?

A: They cannot, even if they wanted to.

Q: Why not?

A: Not a single IT company- Indian or multinational has a presence in Kashmir.

Q: I don’t get it! India is the 6th largest economy globally and is home to almost all the major IT corporations of the world. Some of them like Oracle Corporation have even built their largest Development Centers outside of the US, in Indian cities[7][8]. And then like Infosys and WIPRO, India has its own litany of indigenous IT companies and many fledgling start-ups spread across the land. Azim Premji[9][10], the Chairman of WIPRO and one of the richest men in the world (as of September 2019, he is 36th on the Forbes list of billionaires [11]) – is a Muslim himself! Then why have these IT business houses and their tycoons ignored the state of Jammu and Kashmir?

A: Well, their hands are tied. The special status provided to Jammu and Kashmir by Articles 370 and 35A ensures that non Kashmiris cannot buy land in Kashmir. So long as Kashmir is “protected” by its special status within the gilded cage of Article 370 and 35A, there is virtually nothing that someone even as powerful as Azim Premji can do.

The Developmental Hurdles Posed to Jammu and Kashmir by Article 370 and 35A

Arun Jaitly[12] held cabinet positions as Minister of Finance, Minister of Corporate Affairs and Minister of Defence in the Narendra Modi government.

As a former lawyer of the Supreme Court of India, he was regarded across the nation and even internationally as one of the finest minds in India’s corridors of power. He passed away on 24th August 2019[13][14] (just 19 days after Article 370 was abrogated by his government).

In a blog post titled “How Article 35A hurt the people of Jammu & Kashmir“, Arun Jaitley wrote the following.

“The State does not have adequate financial resources. Its ability to raise more has been crippled by Article 35A. No investor is willing to set up an industry, hotel, private educational institutions or private hospitals since he can neither buy land or property nor can his executives do so. Their ward cannot get government jobs or admission to colleges (as they are not Kashmiris). Today, there are no major national or international chains that have set up a hotel in a tourism centric State. This prevents enrichment, resource generation, and job creation. (Kashmiri) Students have to travel all over, including Nepal and Bangladesh, to get college admissions. Engineering colleges and hospitals, including super-speciality facility set up by Central Government in Jammu are lying under-utilized or unutilized since Professors and Doctors from outside are unwilling to go there. Article 35A has prevented investment and dismantled the State’s economy.”

“Article 35A, which is constitutionally vulnerable, is used as a political shield by many but it hurt the common citizen of the State the most. It denied them a booming economy, economic activity and jobs.”

“The historic blunders of special status under Article 370 and Article 35A had cost the country both politically and financially.”

In one of his last comments after the abrogation of Article 370, Jaitley said – “Article 370 invoked the separate status that led to separatism (in Jammu and Kashmir). No dynamic nation could allow this situation to continue.”

With the revocation of Article 370 “A historical wrong has been undone today. Article 35A came through the back door without following the procedure under Article 368 of the Constitution of India. It had to go.”

“The decision of the government will help the people of Jammu and Kashmir the most. More investment, more industry, more private educational institutions, more jobs and more revenue will come,” he said, adding that “Kashmir’s regional leaders now feel they would not be able to whip up the fake issue of ‘sentiment versus benefit‘.”

Sentiment versus Benefit

Sentiment versus benefit, and economic, educational and financial benefits to be precise. Let’s chew on that for a moment, and when we start drawing on the juice on that thought, we should think it through.

For those of us here in the US, consider a hypothetical situation to understand what Arun Jaitley means. Say, for example, I was born into a Hispanic family in California in the year 2000.

In the year 2014, the population of Hispanics officially surpassed that of Whites in California.

I am now a teenager dreaming of growing up and going to Stanford or UC Berkeley (just examples) for my college education, and later getting hired by Google or Facebook or any of the tech giants in California’s Silicon Valley.

In effect, I have bright visions of my future as I see it playing out in my very own state, an economically vibrant part of the world.

Now, a charismatic leader rises up in neighboring Mexico and starts a rant for the separation of California as a state from the US and its accession to Mexico, on the basis of an ever-growing Hispanic majority in California.

Should I be thrilled with that?

Courtesy – Youtube

Team Explicit Facts would like to Thank Ms. Carla Stewart in granting permission to publish her article on our website.

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[4] Carla Stewart’s answer to Do you think Pakistan should be a secular state like before?

[5] Kashmir: Its Aborigines and Their Exodus: Colonel Tej K. Tikoo: 9781935501343: Books

[6] Infosys – Wikipedia

[7] Oracle’s second largest campus will soon be a reality in Bengaluru

[8] Oracle to set up biggest development centre outside US in Bengaluru

[9] Azim Premji

[10] Azim Premji – Wikipedia


[12] Arun Jaitley – Wikipedia

[13] Arun Jaitley: A Politician and a Gentleman

[14] Arun Jaitley, Bold Indian Finance Minister, Is Dead at 66

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India’s Move in Kashmir: Unpacking the Domestic and International Motivations and Implications – Christine Fair in LAWFARE, August 12, 2019

Indo-Pakistani War of 1947–1948 – Wikipedia

Explained: What are Articles 370 and 35A? Why they are important for J&K

Exodus of Kashmiri Pandits: What happened on January 19, 26 years ago?

Jammu and Kashmir: Arun Jaitley says Article 35A is ‘constitutionally vulnerable’

The Rule of Law and the State of Jammu & Kashmir

Arun Jaitley: BJP’s most articulate voice on Article 370, Kashmir issue falls silent

Jammu and Kashmir: Arun Jaitley says Article 35A is ‘constitutionally vulnerable’

Kashmir: A civilizational battle – Ashish Dhar on YouTube

India’s Move in Kashmir: Unpacking the Domestic and International Motivations and Implications – Christine Fair in LAWFARE, August 12, 2019

Indo-Pakistani War of 1947–1948 – Wikipedia

Explained: What are Articles 370 and 35A? Why they are important for J&K

Exodus of Kashmiri Pandits: What happened on January 19, 26 years ago?

Jammu and Kashmir: Arun Jaitley says Article 35A is ‘constitutionally vulnerable’

The Rule of Law and the State of Jammu & Kashmir

Arun Jaitley: BJP’s most articulate voice on Article 370, Kashmir issue falls silent

Jammu and Kashmir: Arun Jaitley says Article 35A is ‘constitutionally vulnerable’

Kashmir: A civilizational battle – Ashish Dhar on YouTube

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#explicitfacts #explicit_facts #explicit-facts #kasmir #kashmirdispute #kashmiripandits #hindu #islam #muslim #india #pakistan #article370 #article35a #infosys #wipro #mohammedalijinnah #british #jammuandkashmir #kasmirwar1947 #indiapakistanwar #mountbatten #sheikhabdullah #maharajaharisingh #lineofcontrol #instrumentofaccession #unitedstatesofamerica 

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