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Understanding Kashmir: History, Article 370 & Article 35a | Ep.100 The DeshBhakt with Akash Banerjee

Understanding Kashmir: History, Article 370 & Article 35a | Ep.100 The DeshBhakt with Akash Banerjee


Apart from certain commonalities between India and Pakistan such as the unfulfilled dream of winning the 2019 World Cup, Coke Studio and hyperactive media Another thing that is common is – KASHMIR. “Libtard, anti-national, anti-Indian, Pakistani, urban-naxal..” Despite knowing that we will receive brickbats for this, Deshbhakt will try to know about the core issues of Kashmir in our 100th episode. Kashmir reminds Bollywood about location, Media about TRP, Politicians about article 370, and Public about Nationalism; but nobody is reminded of the Kashmiri People- the real issue of Kashmir. But during attacks like Pulwama, people start attacking Kashmiris to prove their Nationalism Kashmir is worst than places like Syria, Iran, and Afghanistan in terms of being a militarized zone. There is around 7 lakh security personnel deployed in Kashmir in today’s time. These forces are not deployed only to fight Pakistan. Countering increasing militancy in the valley is a bigger issue. There are protests and stone-pelting incidents in Kashmir every Friday. On average, there are 4 deaths in Kashmir in a day. Defense forces and civilians in Kashmir know any day they could face killing and end up in a grave. But we are more bothered about the happenings in Pakistan than in Kashmir. Kashmir’s tragic state has been reduced to a comedy on TV. The sufferings of the people of Kashmir has become a source of entertainment for us because it is easier to just sit and abuse. The Kashmir story is so complicated that if it had been a paper in schools, kids would have hated it the most and not chemistry. Why is the air in Kashmir filled with the sound of guns? Why have people of Kashmir not got freedom for violence, even more than 70 years of India’s Independence? Recently home minister Amit Shah gave a statement in Parliament saying article 370 is not permanent. What do Kashmir’s citizens want, who cares?! Let’s get into a little history of Kashmir to understand article 370. Let us take the Kashmir issue as a love triangle with two boys fighting to get a girl. But nobody cares about the consent of the girl. The story dates back to India’s Independence, 72 years ago. Even though India received Independence from British rule in 1947, it was on just papers. Many areas in India that were divided into princely states. Many areas in India that were divided into princely states. Both Sardar Patel and Jinnah were trying to get the rulers of these states into India and Pakistan, respectively. The dirty game of politics begins here. Patel was slowly including these states into India using his diplomacy skills but was facing difficulty with Hyderabad, Junagarh, and Kashmir. The biggest issue among these states was not Kashmir but Hyderabad. Patel did not want India to lose Hyderabad at any cost since Hyderabad was an important part of South India and lied at the center of the country. He managed to keep Hyderabad with India by successfully dealing with the Nizam of Hyderabad. That is why a statue of his worth Rupees 3000 has been built. But he did not have much interest in Kashmir with 80 % of the Muslim population. Kashmir was closer to Pakistan. Nehru had a big role to play in stopping the division of Kashmir from India. Both Nehru and Gandhi wanted Kashmir to be in India as that would prove that Jinnah’s Two-Nation Theory is wrong. Gandhi wanted to prove that a Muslim majority state can successfully be a part of secular India. At that time, Nehru had a close friendship with Sheikh Abdullah, a Kashmiri politician. Hari Singh, the ruler of Kashmir, was insecure with the friendship of Nehru and Sheikh Abdullah He did not want Kashmir to be a part of India as he feared his powers might be given to Sheikh Abdullah by Nehru. Being a Hindu, he did not want to merge Kashmir with Pakistan either and thus wanted to keep Kashmir independent While Pakistan signed the agreement sent by Hari Singh, India invited the Kashmir government for negotiation In between this, Pakistan attacked Kashmir. So back-stabbing is not new to Pakistan. This led to the signing of the instrument of accession between India and Kashmir according to which Kashmir joined India. The issue of Kashmir led to the first war between India and Pakistan. Nehru took the issue to the United Nations. This agreement led to article 370. Till now, neither has the situation in Kashmir improved nor have the Kashmiri people got the referendum, resulting in the partition of Kashmir and formation of Pakistan Occupied Kashmir. Kashmir has become a major topic of dispute between India and Pakistan. If this dispute gets resolved today, many people who have been fighting for it would lose their life’s motive. But very few people are aware of the issues faced by Kashmir and its people. When it comes to Kashmir, nobody has a clear idea of what the actual story is. Let’s look at how article 370 affects the situation in Kashmir. Article 370 was brought as a temporary provision in the Indian Constitution. Later, It was made a special provision by the Supreme Court. Under article 370, the Central Government cannot take decisions on state-subjects apart from Defence, External Affairs and Communication, without consulting the Government of Kashmir. In the Instrument of Accession itself, there were some conditions laid by the Kashmir ruler which included the demand of having a separate constitution. It was negotiated that Kashmir can maintain its autonomy until the dispute is settled by a plebiscite. So article 370 is a way to merge the Indian constitution with the Kashmir constitution. Till 1965, Kashmir would elect the Prime Minister and not the Chief Minister. Removal of article 370 will remove the restrictions that are there on Central Government. However, under article 370, the President has the powers to make changes in the constitution by bringing presidential order. Article 35 A has been added in the constitution using a similar order. Out of the 97 subjects in the Union list in which Parliament makes the law, 94 subjects are applicable to Kashmir, like the other states. That means Kashmir is autonomous for namesake only. So article 370 is weak in itself now. The people of Kashmir are holding on to a faint hope that their rights will be protected due to the article. But who cares for their “hopes”?! “It will be sold in jewelry shops someday!” Removal of article 370 can lead to violence in the valley because it is an emotional issue in the valley. Many people believe that article 35A is unjustified for the rest of the citizens of the country. Let’s try and understand what is article 35A otherwise, this discussion will be as illogical as discussing reservation with a casteist. Under article 35A, Kashmir’s government is allowed to define its permanent definitions and make provisions for them. These provisions prevent non-Kashmiri residents from buying land, applying for jobs or scholarships, and getting admission in any professional college in the state In simpler terms, no one can make use of the state resources of Kashmir apart from its permanent residents. You can go, visit Kashmir as a tourist only, can’t settle there. It should be noted that the Kashmir is not the only state to be granted special status. Under article 371B, special provisions are made for tribals of many different states of India. Even in Himachal Pradesh and many other North Eastern States, you cannot buy land until you are a domicile of that state. But the topic of Pakistan evokes more emotions in the people of India than anything else. Removal of article 35a would still not allow non-residents in Kashmir to buy immovable property as these rights are protected in para 8 of the Instrument of accession. Article 370 can cease to be operative only through the President’s orders with the concurrence of the Kashmir’s constituent assembly. The central government does not have a role or authority in this matter. If you’re still tuned with us, let me tell you the story is not over yet. This is just the first part of understanding the issue of Kashmir. This dispute is so controversial that no one really tries to decode the core problem. In the second part we will try to understand the details of insurgency and what steps will the government take for Kashmir in future. As per the demand of our viewers, we are discussing Kashmir as part of our 100th episode. But since the issue of Kashmir is vast, we have divided the episode into two parts Thanks to our patrons who helped us reach the 100th episode Especially our ultimate Deshbakhts whose constant support has helped us reach where we are You can also become a Patron on Patron.com/akashbanerjee Like and subscribe to help us reach from the 100th episode to the 1000th episode The Deshbhakt will be back soon with the next part.

100 thoughts on “Understanding Kashmir: History, Article 370 & Article 35a | Ep.100 The DeshBhakt with Akash Banerjee”

  1. Hi Akash, I'm from Pakistan and currently working in digital journalism. Honestly I really liked how you covered several aspects and will keep my differences to myself. Anyways, there is just one thing I would like to clarify that Kashmir is one of our priorities, not the highest, despite what your media or our media is showing. And I'm talking about the general public. Most of our kids don't even know about the kashmir issue, and also the independent state of Kashmir is doing pretty well. We do not call it ours, neither do we try to control it or kill the kashmiris. We go their from time to time just to witness it's breathtaking beauty and that's all.
    Peace.

  2. Nizaam didnt give consent of integration of Hyderabad to India but indian army annexed it by implementing its military power.

  3. Aakash ek correction kardu tmari, Detail nikali hi hai tw Zara sahi se nikal lete na, peeche se waar Kon krta hai 70 salon se ye Zara history check Kyu nahi krty, buzdil Qoam

  4. Humlogo ko kashmi Kashmir sikhaya hai, or tm logo Kia sikhaya hai phr, jhut bolna, dhoka Dena, peet KY peeche humla krdena, or jab maar par jay tw UNO KY pass Gand hilana, KY bhaiya dekho Pakistan ne Gand sujadi

  5. Aakash tmne ye bhi bola ky itne saary Army ky log maary gahe, lekin ye kyun nahi bataya, ky uncounted Kashmirio ko tmari buzdil army maar Rahi hai, hai koi jwab???

  6. M from kashmir Thank God koi tou hai jo itna smj raahai hai kashmir dard azaab mai hai pray for kashmir plz🤲🤲

  7. Tell me 1 thing honestly do you guys still need a prove of what Kashmir want. They have clearly rejected India but India is now doing a terrorist acts in Kashmir just because of their Ego and you know it very much

  8. Not true. I am pakistani and we r NOT obsessed to take over kashmir!
    U know who is obsessed with kashmir? Just watch the vulgar and dirty statements of bjp ministers and leaders. Like marrying kashmiri girls, taking over their lands, this is what u called true obsession and they r not even ashamed to openly portray it.
    Just for the sake of argument and By Allah's Grace, we have everything in Pakistan, beautiful lands and beautiful women. We do not suffer from complex disorders like Indians.
    We only want freedom for kashmir from, as u rightly pointed out 7 lac army personnel, who have been committing serious human rights violations for decades.
    Any army in the world would do the same, as armies r not meant to be in civilian occupations.
    We just want freedom for kashmir whether they join us or not is not that relevant to us.

  9. Sale madar chod teri sakl dekh ke na tera jo bandar ke pichware jesa muh hai us me hagne na man karta hai madar chod apne aap ko kya samjta hai jo sale sab tere hisab see chale jis tarh teri alag such hai wese hi har kisi ki apani apni soch hai madar chod maa chuda le apni

  10. Aakhir kaha se lata hai be tu kutte keep pille etna gyan lagta hai sala koe nashaa karta hai tu bahin chod teri to kya bolu tuje bas beta esa hi apni gaand marwate rhana

  11. Jhot chura ap bhonktay ho Bhai h nai samjhay Aqalmand lagtay ho sach bolo Kashmiri ap k sath rehna chahta hai bolo jnb zulam chura pechay say ap bhonktay ho or kehtay ho Pakistani pechay say war kartay hain cheee sach bolo sach carfue hatao dekho peer kiya hota hai

  12. Sir I m from kashmir.. Sir agr ap jasy log h India m to phr ya issue solve ku ni ho ra Indian logo ko smj ku ni ati we are not Indians hmri alag pchn a

  13. Ghar ka bhedi lanka dhaya inhi jaise logo kisi vajah se ham gulam bane jaychand mir jafar this stupid all of them have one thing common they are traiters

  14. Bjp kar kar raha hai to g me kya mirchi lag raha hai
    Or goliyan chalti bhi to tere g me dum hai to pakistan ko roke dikha
    Aaj wo din hai pakistan ki g pathi hai or pategi tu dekhliyo

  15. Indians Blindly criticising him without thinking. Being Patriotic is good but being Nationalist is very bad. Everyone has the right to freedom. Peace and give peace…

  16. This man helped BJP will this election… Tho he's in Congress… He's dubble agent..by the way when first war happened our army reached Karachi but for some crazy reason Nehru call them back

  17. As a pakistan i can claim with surity that kashmir is one of important issues in pakistan but we dont wont to own it unlike indians. we want, right should be given to kashmiries (as u said refrendum), if they want to come up as separate states, they must be given chance but if they want to be with any state, then that is also perfectly ok.
    but the way kasmir' s assumbly was desolved, whole kashmir is completly shut down under hugeeee military. thats unjustifying.
    n u kniw whats more insane, modi is clearly saying shit about balochistan n water abandance things that create aggression which is totally useless as every one knows neither india nor pakistan would be able to conquire each other.

  18. Sale adhi knowledge kyu baat k logo ko gumrah kar raha hai? North-East ke bare me kya janta hai tu? Kashmir k sath q jod rha hai? Logo me galat information maat fela

  19. Saale MC bosadike tu kehna kya chahta hi, Kashmir ko Pakistan ko dede? tere jaise sold out kutte kitne bhi bhaukle kuch nahi hone wala kyunki desh ki janata jaagruk ho gayi hi.

  20. Ary Bhai ap aisi baatein karein ge to ap ka india ap ke khilaaaf ho jayein ge Ahahahahaha
    Kyon ke ye log sach sunna nahi chahte …

  21. Acha me ap sab se pooochta hon kya kashmir pakistan ka hissa nahi abhi ap ko pata chala jab sari dunya keh rahi hai ke kashmir pakistan ka hai..

  22. History agar PTA na ho to bakwas ni krte jao aur jakr phele history thek se pdo aur fir apna gatar jsa muh kholo

  23. Dear Akash, I was just watching Kashmir news on BBC, CNN, Al Azeera, DW, etc. And all of them for some reason were presenting the story from Pakistan's side, for eg: none of them mentioned that Pakistan initiated 4 wars with India, that Pakistan had Ben infiltrating terrorism inside IoK, or that Bindu pandits have been forced to leave Kashmir. Your program by far presented unbiased information in a fair manner, and that to in an entertaining way. Good work! Keep it up.

  24. well Nice explained Aakash bhai Sirf aap ka hi news channel tareky ka lagta hay pury india me lekin phr bhi apo thori or research karni chahye 3rd party se na india se na pakistan se . well Love from pakistan

  25. Tum kitny Kashmir I marogy har ghar se kashmiri nikly ga Kashmir ko bharat azad karo warna bharat khud bhe tukry tukry ho jay ge

  26. It's a lie. India ne phle hi Hari singh ke through occupy krne ki koshish ki to islye Pakistan ko attack krna para. And in the end it proved that two nation theory was always right. See what stubbornness of Gandhi and nehru did to kashmir and kashmiri people.

  27. Plus pok is in stable condition. We don't have any army there. We are not killing people and oppressing them by force. It's all in Iok. You people are killing them just because you want kashmir to be part of india and people don't want to be with you

  28. U r such a hypocrite and propagandist showing 4 lives per day and the crises is bigger than what's going in Syria. Let me clear to all those andh bhkts of aakash
    subtract 22000 ( militants no one care for their lives they choose their path leading 72 hoors) from 41000 and the ratio come down to 2. one of them is a stone pelter, pro pak8stani , separatist or who tried to disrupt the peace in the valley ( no one care for them too )
    All we care about that 1 life that is either from our army or innocent Kashmiri people.
    The separatists which want a free Islamist Kashmir are not more than 2 lakh in the valley
    The rest 60 lakh Kashmiri wants peace and secular demography in the region and the whole country is with those kashmiri brothers
    We won't let this Islamist jihadist group to control over the valley jamu and ladakh because then results are the same as tht of pakistan.
    So stop sympathizing with terrorist and hate full Islamic separatist.
    So stop your hate-mongering.

  29. You only talked about the problems we have heard or read since childhood. Can we have the solution now Mr Deshbhakt?
    Ranting about the rules is easy though.

  30. Perhaps kashmir dont have any geographical siginifance, because you didn't touched that section. Baki toh deshbhakt aap h hi

  31. Bhai pathankot ferozpur bhool gy ap jis k zariye india kashmir tk pohncha
    U need to revise ur history course even from school level
    But i appreciate ur thought that nobody cares about human beings living their

  32. Sir you tell according to your knowledge you still know the one side story. Pakistan actually care about kashmiries not only kashmir our first priority is kashmiries not kashmir and kashmir belong to kashmiries. We are not forcing ourself on kashmir it is india who is forcing itself on kashmir while Pakistan wants that the decision of kashmir should be according to the will of kashmiries. So the plebiscite should held there. Secondly the aim of Pakistanis is not only to fight for kashmir the aim of Pakistanis is to resolve the issue of kashmir according to the will of kashmir and whether they want to join india or Pakistan or become a separate state. We want peace and prosperity in this region. Both india and Pakistan already waste a lot of time in fighting but we have to resolve this problem for peace. But not on the cost of kashmir's sovereignty.

  33. What irony, Mr. Deshbhakt. It is you who does not know the history and geography of our country. Go and read who the original inhabitants of Kashmir were and how multiple genocides have been done on them.

  34. Kunal kamra is missing in this episode. He can make your analysis more factfull and authentic as u all did at election day result😁

  35. I am from northeast u dumbo idiot. You cant buy land in meghalaya, nagaland etc here. But here prepaid sims are in use, u can work here in jobs, PSUs exist here, no religion based millitancy exist here. Its like u can click photo with your wife in the beautiful hills, ofcourse u cant buy a home but u can rent one forever and enjoy forever. And yes….if u marry a girl here…u can buy the land….i guess u moron know this doesnt hold true in the case of kashmir.
    People like u are actually cancer to the indian society…i dnt know what is wrng with u…u just have this self proclaimed enlightenment among urself..that u r too rational…filled with facts… Now when those nonsense articles are finally removed, people of kashmir can live a better life now. When intermingling of people with take place, sense of alienation with diminish…jobs would be there…they would start living a normal life without fear.

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