Blog

  • If Article 370 is abrogated, UN resolutions will be automatically applicable in J&K: Experts

    Srinagar: Amid periodic controversy over the abrogation of article 370, which gives special status to conflict ravaged state of Jammu and Kashmir within the Indian union, legal luminaries and academicians say if Article 370 is abrogated, the United Nations (UN) resolutions will become automatically applicable on Jammu and Kashmir.

    “Abrogating article 370 will pave way to implement the UN resolutions in Kashmir, because this article connects Kashmir with Indian Union. If it is removed India will be having no constitutional right to claim Kashmir anymore,” said valley’s well known legal luminary.

    “It will open all the Pandora boxes of Kashmir’s accession with India,” he said.

    A group of advocates said that the Article 370 can neither be abrogated not it can be strengthened.

    “We can only restore its erosions and for that we don’t have to deal with it constitutionally. All the erosions of this article are political in nature and can be restored politically,” they said and added that there are also some United Nations resolutions that restrict any fiddling with this article.

    They said only the constituent assembly of 1951 can abrogate or strengthen this article. The Constituent Assembly of 1951 was a body of 75 representatives elected in 1951 to write the constitution of Jammu and Kashmir.

    The academicians also say if New Delhi starts process on abrogation of Article 370, it would open a Pandora’s Box of fishy deals and the ‘accession’ of Jammu and Kashmir to India would also come under question.

    In 1951, Sheikh Abdullah as the prime minister of J&K had for the first time addressed the assembly and called on it (constituent assembly) to frame the states constitution. On February 15, 1954 the assembly members who were present cast a unanimous vote ratifying the state’s accession to India. Constitution was drafted which came into force on January 26, 1957.

    The controversy over article 370 has triggered after Jitendra Singh, the rightwing Bharatiya Janta Party (BJP)’s Member of Parliament from Udhampur and Minister of State (MoS) in Narendra Modi-led government at New Delhi had stated the process of repealing Article 370 has started.

    The article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the State Government’s concurrence for applying all other laws. This gives the state’s residents to live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. (PTK)

  • Govt may lift ban on ‘Kashmir Reader’

    Jammu: The J&K Government is likely to revoke the ban on printing and publication of “Kashmir Reader” newspaper in a couple of days as different agencies and departments have given it feedback recommending it.“We are hopeful that the government will lift the ban on the newspaper on Monday or Tuesday and after that it will be allowed to resume its publication,” said a source in the government.There are views within the government and the administration that the ban on the Srinagar-based daily had dented the image of the government and was being seen as an act of stifling freedom of speech in the state.Sources in administration told that before the ban order, the newspaper was served several notices to mend its ways and not to publish news items which could incite violence in the state, especially in the Valley. “The proprietor and the editor of the newspaper even agreed to follow the directions and work accordingly but they continued publishing such items which forced the government to ban the publication of the newspaper,” they said. (TNS)

  • The Hurriyat Re-Calibrates ‘Strategy’

    SEEMA MUSTAFA
    SRINAGAR: The All Parties Hurriyat Conference, with the two factions led by Mirwaiz Umar Farooq and Syed Ali Shah Geelani more united now than before along with JKLF’s Yasin Malik, have been feeling the pressure in Kashmir to one, keep themselves relevant and in control; and two, to ensure that the common folk are not inconvenienced by shut downs beyond a point. 
    The calibration has not been easy, with the separatist leaders finding it difficult to maintain a balance between emotional sections of the youth in particular who have opposed any relaxation in the ‘protest calendar’ as a sign of succumbing to government apathy and injustice; and others in Kashmiri who have been asking for a respite so that their children can sit for their examinations, and they replete their empty bank accounts.

    The separatists now better known in the Valley as ‘resistance’ leaders have been working on unity—always a difficult issue for the factions—since the 2010 violence and seem to have achieved this now in the wake of Burhan Wani’s killing. The protests that drew lakhs out on to the streets, even more so in funeral processions, had many unattached civil society individuals urging the Hurriyat to gain control of a sentiment that threatened to turn violent, and go out of control at one point.

    The calendar of protests, this time issued not just by Geelani as in 2010 but by all the leaders jointly, was an effort by them to take control of the protests. As senior Hurriyat leaders told The Citizen, “ if we had not taken ownership of the protests, and managed to channelise the anger, the youth would have taken to the gun.”

    This is a view endorsed by mainstream politicians as well, including the PDP, that agreed that it was imperative for the anger on the streets post -Burhan Wani to be brought under a leadership. A senior academic and a retired bureaucrat, both moderate in their positions, were categorical that it had been essential for the Hurriyat to take over the protests adding, “if they become irrelevant at this stage, we do not know what will replace them.” This is an opinion widely shared in Kashmir, with elected representatives pointing out that they have become totally irrelevant after New Delhi’s refusal to engage with “all stakeholders” in Kashmir, and all worried about what form the next stage of the protests will take.

    Given the strong sentiment in the Valley it was perhaps to be expected that having started the protest calendars the separatist leaders would often find themselves driven by the street. For instance, when a delegation meeting with Geelani sought to convince him of the need to relax the calendar, a slogan shouting mob of youth outside insisted that no such concession be made. Whether this was engineered or not is difficult to say, but it is a fact that sections of the youth insisted on driving the calendar of protests making it very clear to the Hurriyat that any effort to break out of this pressure, would also lead to a street denials of their leadership.

    Over the intense four months consumed by a cycle of violence, however, the balance has shifted slightly from the angry protestors to the ordinary folk whose bank accounts have emptied, and who are finding it impossible to function. This includes all of Kashmir actually, with the hardship becoming as one woman entrepreneur said, “impossible to handle.”

    The ‘resistance leaders’ met last week with different sections of society. They were a little on the backfoot as the decision to allow the children to sit for the Board examinations had the support of parents across the Valley, and they had not responded as quickly and as positively as many had wanted. This meeting thus, was intended to take the process forward through the realisation that while the anger continues, and actually has moved the Valley to another level altogether, the people need relief to survive.

    As a result the Hurriyat leaders, who are now consulting each other constantly and acting more and more in unison, decided to relax the protest calendar. A statement issued by them noted that meetings with a cross section of individuals and groups had convinced them that while there was full support for the protest, “pressing concerns of students and sustenance of certain segments of society greatly affected during the last four months” had to be addressed “while simultaneously carrying our struggle forward.”

    Interestingly, the statement also spoke of the “transition” from short term protests to “ long term sustained struggles, programs and modes of protest.”

    This arises from the almost 100 per cent support for the last in the Valley, with people differing in analysis and procedural issues, but all agreed that Delhi’s silence and refusal to open a dialogue has left Kashmiris with no choice in the matter. And is pushing the youth in a direction over which, the older generations fear, they will soon have no control at all.

    The Citizen

  • After 2 days of school, students back to square one

    Reopening of institutes now rests on separatist calendar, which will be out on Thursday

    Srinagar: Even after schools reopened for two days in Kashmir after over four months, heads of educational institutions believe that the functioning of schools would depend on the next protest calendar to be issued by the separatists on Thursday. They said that it was unlikely that students would turn up for class work amid shutdown calls.This came as the J&K Government today directed all heads of the schools to complete the admission process for new classes by November 25.For ensuring the smooth conduct of academic activities in schools, the admission to new classes from I to XII shall be completed by or before November 25, said Director Education, Kashmir, Aijaz Ahmad Bhat.Bhat said the provisional admission for Class XI shall commence as per past practice, two weeks after Class X examination.Due to the ongoing unrest in Kashmir, the schools had been lying shut since July 1. After over four months of closure, the schools in the Valley reopened on Saturday and Sunday.“The government has announced mass promotion for all classes except X and XII and there is no reason for students to take risk and attend the schools,” a senior government official said. He said the government would keep the schools open for admissions and students would take admission for new classes.The Director Education said the head of the institutions had been instructed to complete pending practical work of Classes X and XII students within 15 days from the date of completion of examinations, so that they were able to take their external practical examinations.He said the time table shall be prepared as per standard practice and instructions issued from time to time. “The time table so devised shall be implemented in letter and spirit,” he said.As the government has already announced mass promotion from Classes V to IX, the academic calendar may start from November 27.

    Tribune News Service

  • Students return to classes

    Srinagar: After over four months of closure, the schools in the Valley opened today with mixed emotions among the children as they met their friends and classmates.Due to the ongoing unrest in Kashmir, the schools had been lying shut since July 1. The decision to re-open the schools was taken by the Private Schools’ Association Kashmir (PSAK) ahead of a full-day relaxation given by separatist leadership today and tomorrow.PASK chairman GN Var said the schools that come under the association witnessed around 50 per cent attendance on an average.“Ninetynine per cent private schools opened and the attendance was also good in all schools. In some schools, attendance was 40 per cent while in others it was 50 per cent. In Welkins School, Sopore, 85 per cent students attended their classes. We are consulting all stakeholders now and see what can be done to continue the academic activities,” Var said.Var said as there was a full day relaxation in the Hurriyat protest calendar tomorrow (Sunday), the schools would remain open tomorrow too so as to compensate the academic loss suffered by the students.However, the missionary schools and some government schools could not resume their classes today, according to reports.As the government has already announced mass promotion from Classes V to IX, the students’ started their new academic calendar from today. Many believe that the situation in schools will be dependent on the next protest calendar issued by the Hurriyat Conference.“Around 9 to 10 per cent attendance was recorded in government schools across Srinagar district. And we encourage students to attend classes as we are worried about their future,” said a senior official of Srinagar administration.Director School Education, Kashmir, (DSEK) Aijaz Ahmad Bhat said there was an improvement in attendance in the government schools in all districts.“There was an overall improvement in attendance in all government schools today. In Pulwama and Srinagar districts, the students were not attending their classes but today there was a positive response. We hope this will continue now,” he said.

    Tribune News Service

  • After 133 days, Valley springs back to life

    Srinagar: After nearly four and a half months of shutdown and counter restrictions, normal life resumed in the Kashmir valley today as the markets were abuzz with pedestrian and there was increased vehicular movement for the first time after July 8 this year.The shops and business establishments were open and public transport that remained off the roads for the past 133 days returned to normal movement with people availing these services. It was for the first time that the shops and markets opened and public transport buses and taxis were operational since early morning. The normal life activities resumed with the beginning of two-day “relaxation” in the weekly “protest calendar” jointly issued by the separatist leaders. Since the trouble started, there have been short duration “relaxations” in the protest calendar mostly in the evenings, enabling people to purchase essential commodities and other merchandise.Interestingly, the government only last night restored the Internet services on mobile phones after these had been suspended on July 8 night following the killing of militant commander Burhan Wani and two of his associates in an encounter with security forces in south Kashmir, triggering the longest spell of unrest in the Valley.The educational institutions that faced the brunt of the ongoing unrest for remaining closed for the past over four months, also opened today, but with a difference. The government has already announced mass promotion for the students in lower classes. The annual examinations for Classes X and XII began earlier this week. However, the University of Kashmir is yet to decide on the annual examinations for the under-graduate and PG classes with no class work for over four months.

    Kashmir awaits tourists 

    The restoration of normal life has failed to bring smiles on the faces of those associated with the tourism sector. The Dal Lake area is sans domestic as well as foreign tourists.  Long rows of “shikaras” (boats) await the tourists at over a dozen “Shikara ghats” along Boulevard Road in Srinagar. There was a hope of arrival of foreigners this week, but the suspension of air traffic due to fog has dashed these hopes, said boat men.

    Tribune News Service

  • 133 days on, post-paid mobile net restored

    Srinagar: After remaining suspended for last 133 consecutive days in Kashmir, the authorities restored postpaid mobile internet services in Kashmir.
    Notably, the mobile internet services were snapped on July 8 of this year following the killing of Hizb commander Burhan Wani in a gunfight in Bumdoora village of Kokernag area of South Kashmir’s Anantnag district.
    Reliable sources informed KNS, “With the improvement in the situation in the Valley, the postpaid mobile internet services will be restored in Kashmir from mid-tonight.”
    They said that the decision to restore the prepaid mobile internet services will be taken shortly.
    Inspector General of Police (IGP) Kashmir, Javaid Mujtaba Gilani told KNS that the postpaid mobile internet services will be restored from mid-tonight.
    Pertinently, On October 14, prepaid mobile phone services were restored across Kashmir after remaining suspended for 98 days. However, mobile Internet services continued to remain suspended.
    The prepaid mobile services were snapped across Kashmir on July 8 evening, soon after the killing of Hizb commander Burhan Wani.
    Mobile Internet services were snapped on the same evening across the valley. However, services were not suspended on State-run BSNL phones.
    Postpaid mobile services were restored on July 26, the prepaid were restored a day after but outgoing call facility continued to remain barred.
    On August 11, again, mobile services were snapped across Kashmir, except BSNL postpaid.
    On August 13, postpaid services were restored but broadband services were snapped. A day after, postpaid services, except BSNL, were again snapped.
    On September 14, broadband services were snapped again. They were resumed after four days, on September 19.
    On October 14, in an official statement, police said: “With the improvement in the situation prepaid mobile services are being restored from tonight.” (KNS)

  • Muslims help perform last rites of Kashmiri Pandit woman

    Srinagar: In another example of communal harmony in Kashmir, Muslims residing in the Habakadal area of Srinagar recently helped perform the last rites of a Kashmiri Pandit woman.According to reports, the Kashmiri Pandit family had been living in this Muslim-dominant area for the past 30 years, and when one of the women in the family passed away, the arrangements for the last rites were made by her Muslim neighbours.Muslims carried the hearse to the cremation ground in Karfalli Mohalla. Sushma Parimoo died on Friday morning. She was 40.

    “We got full cooperation from neighbourhood and always feel like a family. Never felt that I am from a different religion. We shared brotherhood with the Muslim community and treat each other equally,” said Kamlesh, Sushma’s brother.“There is a fraternity bond since ages and we always share our joys and sorrows with each other. When we heard about the sad news, all of us attended to the family at their home and went to the cremation ground to conduct the last rites,” said Abdul Khaliq, a Muslim neighbour.Sushma is survived by her two brothers, Raj and Kamlesh Parimoo, and their wives and children. ANI

  • Finally, all Valley schools to reopen today

    Srinagar: The schools across the Valley are set to open on Saturday after more than four months of closure due to the unrest.In the last 132 days of shutdown, the separatist leaders for the first time have given full-day relaxation in their protest calendar on Saturday and Sunday making the opening of schools possible for the private schools.Director School Education, Kashmir, Aijaz Ahmad Bhat said though the government schools were already open and teachers were present on duties, there was a thin attendance of students.“We have time and again appealed to parents and students to attend the schools. We hope that now the situation has improved as there is more presence of public and private transport on roads. The students should attend their classes tomorrow,” Bhat said.He added that the students had not attended their schools even when there was little improvement in the situation in Pulwama and Srinagar.“In other districts, the students have started attending schools though the attendance is low, but in Pulwama and Srinagar, we appeal to students to attend the school from tomorrow as we have directed the teachers to compensate the losses by taking extra classes,” he added.The government has already announced mass promotion from Classes V to IX in all government and recognised private schools. Bhat further said the students must attend their classes on Saturday so that the new academic calendar could be started.Meanwhile, the Private Schools Association Kashmir (PSAK) has also decided to reopen the schools across the Valley tomorrow as there will be no shutdown in place.“The schools will remain open on Saturday and Sunday. We have a meeting tomorrow with other members to decide the future course of action so that the academic losses can be compensated,” said GN Var, chairman of PSAK.Despite government’s many attempts in the past months to reopen the schools, the parents refused to send their children due to the continuous shutdowns and protests fearing their safety.However, with improvement in the situation and the smooth conduct of board exams of Classes X and XII, there seems a possibility that the students will attend their classes tomorrow.The current unrest in Kashmir has affected the education of more than 15 lakh school-going children. Tribune News Service

  • Azad spoke for poor, BJP shows its elitist face by questioning his nationality: Nizami

    “Holding the govt accountable for causing 55 civilian deaths due to demonetisation is 100% nationalism”.

    Srinagar, Nov 18: The Congress today slammed the BJP for questioning the nationality of party veteran Ghulam Nabi Azad. Senior Congress leader, Organisation & Media Secretary from J&K Salman Nizami said Azad raised a very pertinent point of deaths caused by demonetisation, for which the Centre’s lack of foresight is to blame. Explaining the Centre’s absolute indifference to the poor, he wondered how come a party that sheds so much tear on Uri martyrs create a situation where people are dying. Mr Azad only wanted to make the point that all blood are equal. And the party in power cannot ignore the death and sufferings of those who are underprivileged. Those questioning Azad now clearly do not value the lives of the poor. The Centre with its absolute myopic vision on demonetisation has made life pathetic for people without internet banking facilities, while ensuring that the interests of their industrialist friends are taken care of well in advance. Nizami said Ghulam Nabi Azad as CM of J&K ensured peace in Kashmir. There have been 26 bids on his life by terrorists, but he always stood for the nation. BJP’s hate politics in Kashmir resulted in shut down, killings and J&K economy collapsed. Nizami further said, Mr Azad is the one who as JK CM ensured Indian flags furl on the rooftop of every household. Under BJP govt, Pakistani flags are seen in the streets. Dy CM and BJP leader Nirmal Singh says killing Burhan Wani was an accident. He has demonized our security agencies with such pathetic statement. Who is anti national then? Nizami said since the BJP govt has been taking credit for killing terrorists in surgical strike, by the same logic, they should take the blame for killing 53 civilians with demonetisation drive that has proven to be a suicidal step for rural people. He further said BJP leaders have no right to question Mr Azad’s nationality. Holding the government accountable for causing 55 civilian deaths due to demonetisation is 100% nationalism. The fact is “Suit boot wali BJP” is so removed from rural India that they didn’t see rural people will die due to demonetisation.  Is Modi the PM of only his industrialist friends and rich people, Nizami asked.