THE KASHMIRI PARADOX. BY - AYUSH KUMAR
THE KASHMIRI PARADOX.
AUTHORED BY - AYUSH KUMAR
Abstract.
how
carelessly imperial power vivisected ancient civilizations. Palestine and
Kashmir are imperial Britain festering blood-drenched gifts of modern world, but
fault line in ranging conflict today - Arundhati Roy, Indian author. Kashmir
has always been more than mere place; it has quality of experience or state of
mind or an ideal - Jan Morris, Welsh historian. These two beautiful quotes are
poles apart even when they are talking about the same place that is Kashmir. This is a reason why I call it the
Kashmiri paradox. When I started
reading about Kashmir I found it very confusing because Kashmir is at both ends
of the spectrum. At one end Kashmir is heaven on earth at
other end it is place where genocide took place, not once not twice but seven
times. At one end Kashmir is land of Shiva and saraswati, very peaceful at other
end it is the witness of sheer terrorism by Samsuddin Iraqi terrorism whose
commanders daily killed 1500 to 2000 Kashmiri pandits because those terrorists
failed in converting those evolved soules, by raliv, galiv, tsalive _exact
description in the biography of Samsuddin Iraqi, written by his own son, how
funny that we know about hitler but we don't know about Iraqi and now as I am
discussing about a paradox how can I forget about article 370, one of the most
controversial and debated and researched topic. I read much of the research around 370 and you know what is funny
that all papers written by Hindus carry almost the same opinion that 370 is a
progressive step and all papers written by Muslims carry the same opinion that
this abrogation is unconstitutional, but I haven't found any neutral opinion. So I thought that as a law student I
must research this topic and give all the possible perspectives about article
370.
?
Introduction.
Let me
introduce you to article 370. You will get many opinions on this issue but I
will give you all the proofs about my every claim. So l will start with our
constitution,that is Gita, Bible, Quran and Granth Sahib for everyone in India,
basically the core of article 370 was that it was limiting the power of Indian
constitution on Kashmir, things like article 238 part B mention states which
signed instruments of accession and then for no reason on 1952 Kashmir got
separated from article 238 part B and on 1956 because of 7 th constitutional
amendment, article 238 was removed, how complex. But really it is not let me
tell you, we are fooled by so many years about Kashmir issue by our so called
political leaders, lefty media and historians. So let me clean your eyeglasses,
we heard for decades that King of Kashmir shree Maharaja Dhiraj Mahendra
Rajendra Hari Singh ji signed conditional document with India and he haven't
given whole Kashmir to India may be this can be his intention but truth is that
instrument of accession was same for all the states so Kashmir is not special
in this regard but actually Kashmir
is special in different scenario the Kashmir was a "silicon valley of
millenium" so I strongly
support the abrogation of article 370. I have not seen the time when we got
independent from foreign invasion but the happiness I felt in the eyes of
people may be the same. Kashmir was a Hindu majority State before 13 the
century but invasion after invasion changed the who demographic and it became
Muslim majority and the conspiracy was going on to make Kashmir as Pakistani
territory. Some intellectual terrorists like Nivedita Menon,JNU professor talks
about "Plebiscite" this is not a word this is a mistake by
our first honourable prime minister Shri Jawahar Lal Nehru In his very famous
speech he said the once things will normalise he will conduct Plebiscite and
people will decide that what the want I call it Kashmir Trinity either go with Pakistan or be with India and the
third option is to keep Kashmir independent,but third option isn't feasible and
it's not my this is something which lord Mountbatten opined and one more
intellectual terrorists I will like to mention is one on my favorite writer
Arundati Roy she always say that Kashmir is not an integral part of India this
is absolutely wrong. Kashmir is,was and will be the integral part of India
Kashmir has given everything which India is proud of today be it panchatantra,
knowledge of Advaita, astronomy and much more,and all those who believe that
Kashmir is not an integral part of India then all the states which signed
instrument of accession is not an integral part of India and let me tell you
all India state is part of India because they signed instrument of accession so
if this is the case there is no such thing as India. Maybe there are thousands
of Kashmiri paradoxes but there is no doubt that Kashmir belongs to India and
every thing that belongs to India comes under the purview of the Constitution
of India which is the law of land and all those who have disagreement with this
issue our Constitution only gives them this right. Kashmir is said to be named
after The Mystic Kashyap. Kashmir is not only a paradise because of scenery but
really because of knowledge of Kashmir accumulated by great Mystics proud of
India. I know people, this is a myth,but for me this is Indian history. I
believe that absence of proof is not the proof for absence. So this abrogation
of 370 is not a complete solution but it is a beginning of a solution and we
must appreciate this beginning there will always be the ignorant person and may
be they are not ignorant they just do not want to see the truth and they also
do not want others to discover the truth because it hampers there agenda but
hiding the truth will hamper my agenda and the agenda of true Indians. So let
us walk the path of truth and let people make ugly faces.
Contents.
1
Anti- abrogation sentiments.
2
pro- abrogation sentiments
3
why is Kashmir important?
4
After effects of abrogation
5
literature review
6
Azadi-The song of terrorism.
7
conclusion
8
Bibliography
Anti- abrogation sentiments.
"Truth is not always a
wonderful thing.Truth can lead a divorce. Truth instigates wars
Truth can
divide countries. Truth can also kill. Truth indeed is a deadly thing."
From the book who killed shastri,by Vivek Agnihotri,writer,
director and filmmaker known for Tashkent files and Kashmir files. I agree
with what he said but truth is sometimes wonderful, lies are always
dangerous,truth can lead to divorce but lies surely will. So lies are always
dangerous but we must listen to them to understand the truth in a better way.
So there are people who are against the abrogation of 370 so let us examine
their views. Let us look at the view of Abdul Gafoor Majeed Noorani, lawyers,
writer and political commentator opined that he respects the Constitution but
he also says that it does not matter what Constitution says about the issue. In
his opinion Kashmiri people opinions is more important than constitution and he
this this abrogation happened by coercion and compulsion but I feel different
that real Kashmiri are ok with this abrogation and political motivated people
and the supporters of Azad Kashmir jihadis are sad because there agenda has
fallen apart, Mr Noorani as a lawyer knows that this decision is constitutional
as I can infer by his opinion. So he is playing with popular opinion and human
rights,but for me people whose opinion is against Constitutional values is not
valid. Two congress spokesperson and prominent lawyers Kapil Sibal and Abhishek Manu Singhvi they are finding it difficult to say that
abrogation is illegal but I do not know why they have a problem with this but
want imposition of 370 again and they are finding loopholes in process and I
think when action and intention is process can be overlooked. I read many articles on it and I found most
of the anti- abrogation people have no substance so they can only blame the
process. So I can say that this abrogation is completely Constitutional.
Pro- abrogation sentiments.
There are
two sides of every story,now see the pro- abrogation side of the story. First
of all I would like to start from man of the moment himself our honorable home
minister shri Amit Shah first of all
I would like to salute him for dedication towards this wonderful country that
is India and I would like to quote him that"when I say Jammu and Kashmir
in this parliament it includes Aksai Chin and Pakistan occupied Kashmir"
and then he says that Kashmir is integral part on India and this is undisputed
fact and so why Kashmir will not follow Indian Constitution and this is very
correct argument present by mister home minister.Former attorney general Shri Soli Sorabji opined that 370 was
a temporary provision neither it was an essential feature of constitution nor
it was present in a basic structure doctrine so it was not beyond amendment so
there is nothing unconstitutional about it. 14 attorney general of India Mr Mukul Rohatgi also supported
abrogation of article 370 he opined that it was a temporary provision it was
inserted in 1954 for bringing peace and progress in Jammu and Kashmir but it
only given tension and terrorism to Jammu and Kashmir so the article was
inserted by presidential order by then President Dr Rajendra Prasad and removed by presidential order by now
president shri Ramnath Kovind and
many people with anti- abrogation sentiment questioned the process of
abrogation and declared it wrong but Mr
Rohtagi said that if there is no
state assembly the governor is goverment,and this is a Constitutional scheme.
Political scientist Subhash Kashyap and
prominent lawyers Harish Salve
believe this decision as Constitutionally sound. So Shown you both the sides so
choose wisely and want my readers get opinionated by reading this I want them
to subjectively and objectively analyze this topic and make there own opinions
because I am also bias towards my Country, India that is Bharat so You need not
to go by my opinion you can keep your own loyalties.
Why is Kashmir important?
When I was
searching about Kashmir and 370 I got this question that why is Kashmir really
important for India and then I found that is important because of History it
contains which our intellectual terrorists lable as mythology. So as
philosopher George Santayana says
"those who do not learn from history are doomed to repeat it "so I do
not want my readers to commit this mistake about which George Santayana
mentioned.So everything in Kashmir started with Rishi Kashyap founder of Kashmir valley and Kashmir was a knowledge
center people like Sankara charya, Abhinav Gupta etc came to Kashmir for
research on different topic that will benefit the human civilization,and in the
course of my research I also found that why Kashmir became center of research
this happened because there is special quality in mountains that it takes away
everything you are carrying in your mind and make you look beyond your limits
and then you know the unknown,so the Kashmir was very conducive for research.
Kashmir is a center for Shaivism and Buddhism and Kashmir was known for its
temples that are not there now because Islamic invaders demolished them that
was a cultural genocide and we must remember these things we can forgive but
must not forget. We do not know about king
Lalit Aditya who is given the title of world conqueror in the book of Kalhana named Rajatarangini no one told us about this history our education
system filled our minds with history written by winners of wars and in Indian
perspective they are dacoits. This history we do not know but then also these
are historical facts and this is why Kashmir is important. Kashmir is our
culture,it is our pride and there is no doubt that Kashmir belongs to India.
Today we are very fond of watching Netflix. The art and science of drama is
Natya Shastra. It is written in Kashmir by our own mystic Bharat Muni. So
Kashmir is a paradise created by scholars of India and so this Kashmir belongs
to our scholars and so it belongs to us as their heritage, because fighting for
land is not our legacy but we can not disrespect our scholars by giving their
heritage to someone else.
After effects of abrogation.
"Paradise
is a promise no god bothers to keep. There is only now and tomorrow nothing
will be the same, whether we like it or not '' -Heidi Helig, the girl from
everywhere. The quote I mentioned above is not just a quote, this is what I
believed about Kashmir but I was wrong. It's late at God's house, it's not
dark. It took time but things changed old terrorism buisness closed and new
buisness, jobs,any many more things are spreading wings in Kashmir two years is
not enough to judge Kasmir the infrastructure development is also with fast
pace at time when Kashmir was under 370 goverment was spending nine and half
thousand crores on hooriyat leaders whose agenda was to make Kashmir the
pakistani territory but what can we expect from that goverment who calls yaseen
Malik in biggest office of India. Whose organization killed Not only Hindus,but
Sikhs, gujare, dogras, buddhists and also moderate muslims basically everyone
who is against terrorism. This is called administrative
genocide, but now these things cannot take place is Kashmir now people in
Kashmir will study, go for jobs, youth of kashmir, youth of India will no more
become brainwashed nihilist. My India will change, my kashmir will change, when
youth will change I am Student of law not an academician so urge youth to get
entitlement and search for truth and demand Justice and this will be the
biggest after effect of abrogation of article 370, this must happen to us. This
will be the start of Indic renaissance 2.0. Our youth is Arjuna, who is
confused because there confusion is someone's business so let us journey of
becoming Krishna by knowing the truth which are hidden and ignored and
abrogation gives us this chance so let us celebrate abrogation of article 370
and let people die with sorrow of losing there terrorism business.
Literature review.
We look
outside the window and we think too much is happening and when we actually see
too much happening in the real world we become unable to see those things.-
Manav Kaul, actor and writer. I always thought I have too many problems in my
life but when I started writing about Kashmir I found that my problems are
nothing in comparison to their problems. So now let's look at Kashmir with the
lens of literature. There is too much literature around Kashmir,some written
about the Scenic beauty of Kashmir,some out feelings of Kashmiriyat,some about
sorrow of Kashmir and others about azadi. So let's look at very diverse
literature around Kashmir. First let's begin with the movie the Kashmir Files.
This movie is a wonderful part of literature. It has the fine nuances of
filmmaking and real literature. In making this movie Vivek Ranjan Agnihotri broken
all the convention of film making this film has a path breaking impact on film
industry this film is slow paced which may bore the audience, this film needed
brainstorming which people do not like to do while watching a movie but then
also this movie performed overwhelmingly well and if we will see it as income
and expenses this movie is ten times or more bigger success than bahubali so as
a movie this is a blockbuster. Now look at it with a literary aspect. In this
movie every character's name is in the name of Hindu gods,this is a metaphor
that Kashmir is a land of Hinduism. In almost every frame there is a fire and
this signifies agnihotri culture which is developed in Kashmir, this movie
shown many different narrative I call it multi- narrative style of
storytelling. In this movie the acting is so raw that you will feel that actors
are just present there and they are not aware of a camera and this is real
literature, this is a flow state which always creates great literature and art.
The next peice of litrature I will be talking about is Azadi- freedom, facism
and fiction by Arundhati Roy one of a greatest writer's of our time as Naomi
Klein opined and actually it's correct she move people by her writing she make
people believe in a lie more than even a truth now lets talk about a book the
book talks about concept of freedom and it basically currated an essays based
on it and basically it is about kashmir and about atrocities muslims suffered
and yet suffering in a valley this is book is a gripping tale but for me it's
nothing more than a fiction but yet it's must read. For all those who are
thirsty for reading something good.
Next book I will be talking about is blood clots on the moon about real
story,pain and real atrocities pain of Kashmiri pandits this book is written by
Rahul pandita in this book his tells his own story he narrates his story when
milk man used to come and he he watches Rahul family renovating his house and
milkman asks that you are renovating you have to leave kashmir one day. There
are more such stories of people celebrating the win of Pakistan and burning the
houses of Kashmiri pandits etc. The last but not the least the book I am going
to discuss is written by Advocate Monica Arora name of the book is facts and
law on 370 and 35a this is very brief book just about 106 pages and this is
must read and book talks about history of kashmir starting from kashyap till
present time I feel did such fabulous job of encapsulating such a complex topic
in very less words and great details.literature is a lense which helps you to
look at any topic with different approach.
Azadi- The song of terrorism.
Azadi is a
song of terrorism or it is a chant for freedom. when bullet shots people do not
shout, breathing stops and heart chokes and devils sing azadi and dance near
the corpse. Heart-melting to imagine this scenario,but people who support azadi
say that if India can take azadi from English why Kashmiri can not? If
political parties can keep their flag, why can't Kashmir? If Bhagat singh is
celebrated why Burhan Wani is not?whole world thinks that India illegally
occupied Kashmir. Newsweek, Washington Post, New York Times never show Kashmir
on the Indian map, any document of any powerful country in the world does not
show Kashmir on the Indian map because the world believes that Kashmir is not
an integral part of India. Abu Salem and Ajmal Kasab case was delayed for year
but Afzal guru have not got a chance to meet his family and so JNU leaders or I
can say tukre- tukre gang shouted "Afzal ham sharminda hain, tere katil
zinda hain" who is a killer I our court our Judges? In kashmir child grown
without seeing the face of there father in hope that one day my father will
arrive when that child questions,we label them as Islamic terrorist. So if he
will not throw stones will he throw flowers and when you will speak about this
facist you will be labeled as anti- national, they say things like go to
pakistan. So for this issue the youth of kashmir have got up for
"azadi" azadi from "manuvad" "azadi" from
atrocities. We have to become the voice of suppressed. Those are labled as
terrorists they are actually freedom fighters these are lables as presure
cooker the same lable which Chandra Sekhar Azad, Bhagat Singh and Rajguru got
labled. They want to eliminate "anaal haq" and there weapon is love
and present Indian government labled it as jihad, because they want to
establish fear in the heart of people and Indian army is one who is responsible
for genocide in kashmir they killed, hindu, sikh, buddhisht, dogra and muslim
and blamed it on freedom fighter for weaking the kashmiri freedom movement.
This is a monologue used to brainwash stone peddler to fight against Indian
army to hamper the peace in kashmir so decide yourself that what is true? and
what is not? by your own subjective analysis I do not want to brainwash you I
want you to think and identify the truth and I want you to prove for
brainstorming and reaching to the conclusion and my conclusion can be different
and your conclusion can be different, because I believe in Mahabharata what
krishna Said to Arjuna after telling whole Bhagwat Geeta Krishna said to Arjuna
that do what you wish.``yatha ikchasi tatha kuru".
Conclusion.
"Janani Janmabhoomischa swargadapi gariyasi"
This means
mother and motherland are superior to heaven - lord rama, Ramayana. Lakhs
of our soldiers sacrificed their life for their motherland and thousands of
them died for Kashmir. So In my research paper I tried to give you all the
perspective about kashmir and you must decide yourself that what is right and
what is wrong and now before ending let me give you my bias opinion and let me
tell you my agenda and yes I am bias and I don't hide this fact that I strongly
believe that Kashmir is an Integral part of India including Pakistan occupied
Kashmir and Aksai Chin and all those liberal people who want Azad Kashmir let
me remind them that when first time pakistan sent terrorists to attack on
Kashmir, India is one who helped Kashmir and so how azad will will protect
themselves from Pakistan so azad Kashmir is a bad idea and giving pakistan to
Kashmir it will never happen our Indian army will never let it happen.
Abrogation of article 370 is a great start in the progress of Kashmir. Kashmir
is heaven on earth and that heaven belongs to India.
Bibliography.
The sources
I used for the research are as follows:-
1. Google scholar 2. The Kashmir
files 3
Newspaper editorials 4 Abp
news docuseries pradhanmantri 5 drishti
ias
6(1) books- azadi- freedom,facism,
fiction 6(2) Facts and Laws 6(3)blood clots on the moon.7
from the speeches of professor 8 Times
now documentary 9 Dr Surendra poonia
podcast with the Ranveer Allahbadia 10
television news coverage