Re: J&K News and Discussion - 2016
Posted: 13 May 2017 05:04
Mostly Indian led counter Psyops at play by ensuring such media are spread all over the valley despite the SM ban currently in place
Consortium of Indian Defence Websites
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Surprise visit at Govt Middle School Kiryani Talab Narwal. Bala..Threatening atmosphere as most of the students belong to illegal immigrants Bangladeshes, Burmese and Rohingies..Matter of shame for Previous Govts.
1870s :: Khyber Pass
its an older event. not the current one.hanumadu wrote:^^So it is true that after the beheading of the soldiers, Indian army did destroy paki bunkers and killed their soldiers. Why did the Indian army deny the reports?
the basic nature of J&K Constitution has been altered rendering it discriminatory towards women who are reduced to chattelsOn May 14, 1954, the President of India issued an order called the Constitution (Application to Jammu and Kashmir) Order 1954. It came into effect immediately and superseded the Constitution (Application to Jammu and Kashmir) Order 1950.
Besides carrying out many modifications and changes, this presidential order ‘added’ to the Constitution of India, a new Article namely 35A as an amendment to Article 35. The 1954 order states it is being issued “in exercise of powers conferred by clause (1) of Article 370 of the Constitution, with the concurrence of the Government of Jammu and Kashmir”. No amendment in Indian Constitution can be done without Parliament without following procedures mentioned in Article 368.
Article 35A was never presented before Parliament of India. Unlike other amendments, it appears in the Constitution as an appendix and is not listed in the list of amendments either.
Article 35-A has discriminated Permanent Residents of Jammu and Kashmir instead of Protecting the Permanent Resident. But it is propagated that this provision is for the protection of Permanent Residents of J&K. This provision has multiplied the miseries of many people in J&K instead of protecting them. The main worst sufferers are:
Women Permanent Residents
Backed by Article 35-A Section 6 as adopted and strictly enforced by the State Government reads: (I) “Every person who is, or is deemed to be, a citizen of India under the provisions of the Constitution of India shall be a permanent resident of the State, if on the fourteenth day of May, 1954, (a) he was a state subject of class I or of class II, or (b) having lawfully acquired immovable property in the State, he has been ordinarily resident in the State for not less than ten years prior to this date” and (II) “any person who, before the fourteenth day of May, 1954 was a State Subject of class I or of class II and who, having migrated after the first day of March, 1947, to the territory – now included in Pakistan, returns to state under a permit for resettlement in the State or for permanent return issued by or under the authority of any law made by the State Legislature shall on such return be a permanent resident of the State”.
As for Sections 8 and 9, the former gives the State Legislature the right to define Permanent Residents and the latter empowers the State Legislature to alter the definition of Permanent Residents.
the J&K high court intervened taking 28 years to deliver a judgement in the case titled State Of Jammu & Kashmir, Dr. ... vs Dr. Susheela Sawhney And State Of ... on 7 October, 2002 Equivalent citations: AIR 2003 J K 83, 2003 (1) JKJ 35All the laws framed by Maharaja Hari Singh or subsequent Government were Gender neutral. They defined the Permanent resident not Male permanent resident or female resident. But later on notwithstanding anything in PRC act the concept of “Valid Till Marriage” got introduced in it without any legal sanction.
the aftermathUp to 2002, the Revenue Department was issuing Permanent Resident Certificates (PRCs) to the female residents of Jammu and Kashmir with the endorsement as “Valid Till Marriage”. This became ground for a petition before the State High Court about 15 years back whereby selection of a doctor was challenged on the plea that she was married to non state subject.
The judgment of Single Judge whereby selection was quashed was challenged in the Division Bench of J&K High Court and keeping in view the involved legal issue a Full Bench comprising of Justice V Jhanji, Justice T Doabia and Justice M Jan was constituted.
The reference before the Full Bench was: “Whether the daughter of a permanent resident of the State of Jammu and Kashmir marrying a non-permanent resident loses her status as a permanent resident of State, to hold, inherit and acquire immovable property in the State?”
In view of the majority opinion, the Full Bench in a case titled Jammu and Kashmir Versus Dr Sushila Sawhney and Others held that a daughter of a permanent resident marrying a non-permanent resident will not lose the status of permanent resident of State of Jammu and Kashmir.
Though the State Government initially filed Special Leave Petition (SLP) in the Supreme Court against the verdict of Full Bench of J&K High Court but later withdrew the same after making an opinion that it will carry out necessary amendments in the Act governing issuance of PRCs.
In March 2004, an attempt was made by the PDP-led coalition government to bypass the High Court’s landmark judgment. It moved an official Bill after the tough stand of Hon’ble Supreme Court which was passed in a record 6 minutes.
and Art 35A which prevents the Central Government from intervening has even been passed by Parliament; which I suppose is necessary for Amending the ConstitutionBut the Bill was declared “defeated” in the Legislative Council. The main reason was that the bill had created a storm in Jammu and at the national level as anti-women, reactionary and out-dated.
J&K High Court on four occasions delivered judgments aimed at ensuring gender equality. The judgments were unambiguous and were hailed by one and all.
Unnecessary confusion has been created to implement the judgement of Hon’ble High Court in Dr Susheela Sawney case and thereafter. After 15 years of Judgement the situation seems to be at the same point. Despite clear Judgement of Hon’ble High Court and law position a Committee has been constituted to deliberate on matters which are already settled. Central Govt cannot intervene because of Article 35-A.
some questions which the Powers that be need to address head onIf a woman marries outside the state:
When women belonging to the state of Jammu-Kashmir marry outsiders, they cannot settle in the state even if the circumstances so demand.
A man from another state marrying J&K a woman cannot get PRC, hence none of the associated benefits. Which means he cannot buy land, cannot apply for a government job, his children cannot study in state-run professional colleges and institutes.
This means if a woman marries outside the state, she is virtually forced to leave the state and settle elsewhere. Earlier, such women used to completely lose the ‘permanent resident status’. But still her off springs and spouse don’t get PRC which is not there in case of male.
Now questions are:
* When Permanent resident law is gender neutral then how discrimination is being allowed to women in the name of gender?
* Are there any separate laws for male permanent residents?
* Whether Article 35-A was introduced to protect Permanent Residents or to discriminate?
* Is it not Human rights violation?
The most depressing story is that of safai karamcharis in Jammu-Kashmir.In 1957, around 200 Valmiki families were brought from Punjab to Jammu-Kashmir, following a cabinet decision, specifically to be employed as Safai Karamcharis (sweepers).
These families agreed to work in the state after being promised that the ‘permanent resident’ clause would be relaxed in their favour. After a lapse of five decades, family strength of each family has increased and number of employees has gone up. However, their plight is that they are ‘permanent residents’ of Jammu-Kashmir only to the extent of being Safai Karamcharis.
Their children have studied up to graduation level but are not eligible to apply for Government jobs. Their children cannot get admission to government-run professional institutes. The educated youth from these Valmiki families are only eligible to be appointed as safai karamcharis only.
The educated Safai-Karamcharis already working in Jammu Municipality now qualify for further promotions. But as they can only be employed as sweepers, there is no hope. These Safai-Karamcharis can vote for Lok Sabha elections, but not for State Assembly or municipality elections.
The colony that was allotted to Safai Karamcharis to live in (Valmiki Colony, Gandhi Nagar, Jammu) has not been regularized till date.
Now questions are:
* Are these the standards of Human rights being claimed?
* Don’t these people and their Children have right to grow and develop?
Gorkhas were employed in all the ranks of army of Maharaja Ranjeet Singh and then Maharaja Gulab Singh. Their families settled in Jammu and Kashmir more than 200 years ago. They are around one lakh people. They have State subject granted by Maharaja but now they are not granted PRC on illogical grounds. This is due to Article 35-A giving State Government free hand to discriminate even the Permanent residents of State.
Absolutely. Scrap 370. This should be Modi's equivalent of Vajpayee's nuclear tests. Proactive change to status quo.Neshant wrote:^^^ Pure crazyness.
Scrap 370 now.
Only India engages in such foolishness of divisiveness & creates a security situation in the process.
No other sane country does.
Scrap it now Modi.
Matter of shame for present govt that they are still there despite many reports. BJP's strategy of blaming previous govt can no longer work in such matter.jamwal wrote:From profile of a local BJP MLAhttps://www.facebook.com/vikram.randhawa.106
Surprise visit at Govt Middle School Kiryani Talab Narwal. Bala..Threatening atmosphere as most of the students belong to illegal immigrants Bangladeshes, Burmese and Rohingies..Matter of shame for Previous Govts.
KM intellectuals?? are there any??CRamS wrote:Chetak, what about KM intellectuals? How did the traitors newspapers in the valley like rising Kashmir cover his sacrifice?
CRams,CRamS wrote:rsangram, hate to be terse for your well laid out thoughts, but you answered yourself. India is simply not strong enough, both militarily, politically, economically, and diplomatically to handle the fallout of scrapping 370. (As an aside, what do can you expect from a populace who adore a white trash pop music icon even as he p!sses on them while pay scant regard for its falen heros like Umar Fayazz?). Its only in jingo wet dreams. The simple truth of the matter is that given we ourselves have lowered the bar so low that India gets demonized for "human rights" abuses confronting Islamic fascism, any ratcheting up that bar, much less doing what you said will make TSP and its proxies go berserk. In fact, TSP might even consider it an act of war by India unilaterally changed the nature of a "disputed" territory.
The alternative is continue current status quo and hope BJP will be in power for 20+ years to make India economically and militarily strong, and as importantly politically strong internally till such time India can withstand the fall out you highlight above. Of course, the interim will be painful, but thats the best we can hope for at the moment.
He was NDA cadet who are awarded their degree through JNU, that is what I heard in one of the TV debate.chetak wrote:Lt Ummer Fayaz was a JNU product.
pin drop silence from the JNU types, jehadi commies as well as the lootyens sickulars.
Tributes by public, IA and ex servicemen in many cities including dilli India gate and bangalore war memorial
https://swarajyamag.com/insta/army-give ... aved-livesArmy Gives Clean Chit To Officer Who Tied An Alleged Stone-Pelter To Jeep, Says His Move Saved Lives
That is because NDA cadets do not have a choice. It would take more efforts from the Ajadee shouting free-loaders of JNU @ Delhi to claim some goodness; just because NDA cadets doing a much more honest job training in NDA gets their degree from JNU. When free-loaders like Kanhayya Kumar, Umer Khalid etc. were just eating up tax payer's money, folks like the young Lt Ummer Fayaz from Kashmir was going through a hard training regimen at NDA. Lots of difference.Dipanker wrote:He was NDA cadet who are awarded their degree through JNU, that is what I heard in one of the TV debate.
We should not repeat the same mistake what Pakistan is doing with CPEC - If it succeeds, when it succeeds. Leaders change, they get under pressure, they get poor advisors. The way Modi is going it is very promising but relying our policies or success of our strategies to one Man's success is risky. What needs to happen in Kashmir is something that can be sustained, can be implemented and something other non-Modi governments could not meddle with or change. Article 370 has to go but it needs to go with support of Kashmiris. Even Jammu Hindu/Sikh residents do not seem to be too keen in removing it. Unless the gain of removing it can be proven to be much larger than the losses of having it, nothing is going to change.You think, hypothetically speaking, even if Modi is in power for 20 years, India will become militarily stronger ? or even economically stronger ?
370 needs to go, with or without the support of Kashmiris or anyone else for that matter.brvarsh wrote:We should not repeat the same mistake what Pakistan is doing with CPEC - If it succeeds, when it succeeds. Leaders change, they get under pressure, they get poor advisors. The way Modi is going it is very promising but relying our policies or success of our strategies to one Man's success is risky. What needs to happen in Kashmir is something that can be sustained, can be implemented and something other non-Modi governments could not meddle with or change. Article 370 has to go but it needs to go with support of Kashmiris. Even Jammu Hindu/Sikh residents do not seem to be too keen in removing it. Unless the gain of removing it can be proven to be much larger than the losses of having it, nothing is going to change.You think, hypothetically speaking, even if Modi is in power for 20 years, India will become militarily stronger ? or even economically stronger ?
This is called policy paralysis. The moment we do this it introduces an implicit notion that India occupies Kashmir which on the contrary is not true, Pakistan is. Leaving the problem as is will only multiply in future. We have so much to learn from anti separatist movements in Punjab, in Nagaland, in Tamil Nadu that it is surprising why we are not using them to its fullest in Kashmir. One problem with Kashmir is Islamization of the issue. In any of the other movements the problem was by and large regional. There was an extent of support that could easily be curtailed. The fear in Kashmir is a presence of unresolved problem could potentially become a bigger problem depending on who runs the local and who runs the federal government.SriJoy wrote: Re: Kashmir, we can simply stick to the UNSC resolution mandate, that states Pakistan must vacate PoK before referendum is allowed in Kashmir. This stance lets us keep Kashmir indefinitely (since Pakistan will never vacate PoK short of nuclear war or a humongous independence struggle in PoK) and at the same time, underscores Pakistan's culpability in messing up Kashmir as well as standing in the way of its democratic self determination.
You cannot be any more wrong. This will be dangerous. It will be the surest way to accede to TSP demands for talks. TSP will gladly agree to this and the discussions will go on with TSP, KM proxies, India's 5th columns, along with TSP's 3.5 silently behind, Vs Indian nationalists on the other. In the ensuing stalemate, it will be downhill for India especially in the court of "international" opinion and India will be painted as the villain.SriJoy wrote:
Re: Kashmir, we can simply stick to the UNSC resolution mandate, that states Pakistan must vacate PoK before referendum is allowed in Kashmir. This stance lets us keep Kashmir indefinitely (since Pakistan will never vacate PoK short of nuclear war or a humongous independence struggle in PoK) and at the same time, underscores Pakistan's culpability in messing up Kashmir as well as standing in the way of its democratic self determination.
If we unify over this issue, it also has the potential to turn the Kashmiri awaam against Paksitan, as we can potentially convince them that our stance is legal and justified, with Pakistan being the roadblock.
Kashmir has always been Islamic issue since the days of Aurungzeb. Do you know any non-muslim Kashmiri leader part of Hurriyat? Or for that matter any Shia/Ahmadia/Bohra/Ismaili as part of Hurriyat!by brvarsh
Kashmir is not an Islamic problem, it has never been but now we hear stronger voices to make it so. Even across the borders the sense of turning the issue as a cause of Islam is growing stronger. That goes right orthogonal to how it all started and also leaves a huge opportunity for Indian government to make use of.
Difference between Punjab and Kashmir separatist movements was though in Punjab it started as a religious cause but turned into political, while in Kashmir its getting quite opposite. And rash decisions like removing 370 without at least a few native fronts strongly supporting it would only backfire. Bullets are costly, Guns are cheaper but Issues are cheapest.
Where does it say that having a democracy means providing a mechanism for a part of the country to become independent. This is the sort of understanding of democracy among our own people, which is a large part of all the problems that we have. Have you ever heard of the American Civil War ?Sri Joy wrote: That would be counter-productive. One cannot have a democracy, without a mechanism for a part of that country to become independent. That runs fundamentally counter to democratic principles of self determination.
Yes let us protect it by giving away Kashmir, just like we gave away half of our country during partition, which has been a part of us for 10000 years, and just like we are giving away to China, our territory inch by inch every day, not to mention providing the Chinese a permanent foothold in Indian territory, such as POK, Baluchistan and other areas, and giving them a permanent foothold into our port and seashore (Gawdar). Never before in the 10000 years of our history, have the Chinese or foreign power had this kind of foot hold in our territory.Katare wrote:Democracy should not be replaced with anything or ever and it'll never create a monster as long as it's substantially democratic. Only thing we need to do is to protect it
My 2 cents
SriJoy wrote:1. Why would it be 'invitation to talks' ? We can simply say 'no talks till you comply with step1 of UNSC resolution, which is vacate PoK'. We'd be in the legal and logical right, since the international community is the one who underwrote the UNSC resolution and Pakistani withdrawal is step1. If we insist 'nothing happens till step1 is complied with', how is that opening the door for talks ?
Regardless of the beguiling spin that most apologists, defenders, ideologues, sympathisers, supporters of Kashmiri separatism give to justify their cause in the name of Kashmiri nationalism, the roots of this movement and its driving force lie in Islamism, Islamo-fascism and Islamist exclusivism. From the time when the Muslim Conference was in the vanguard of making Kashmir a part of the Islamic State of Pakistan, to the time in the early 1990s when a wave of terrorism was unleashed in Jammu and Kashmir (the so-called “secular” Jammu Kashmir Liberation Front was in the forefront of the ethnic cleansing of Kashmiri Pandits), to now when another upsurge is being witnessed - the Islamist impulse has been the main inspiration and motivation of the separatists. While some of the separatists try to disguise their Islamism by calling it a “political problem” and linking it with Kashmiri identity, there are others who are less hypocritical and more upfront, even brazen, about the Islamist underpinnings of the cause for which they are fighting.
The Hizbul Mujahideen terrorist, Zakir Musa, was being completely honest and truthful when he declared that the struggle he was associated with was an Islamic struggle for the enforcement of Shariah. And like the genuine article Islamist warrior that he is, he threatened to chop off the heads of the Hurriyat leaders who called the separatist movement a “political movement”. Exposing the double-speak, hypocrisy, dissemble of the Hurriyat leaders who try resort to duplicitousness by couching their Islamism in political terms, he reminded them of the slogans they have raised – Pakistan se rishta kya, la illah il allah (What is our relationship with Pakistan: No one is worthy of worship except Allah) and Azadi ka matlab kya, la illah il allah (What is the meaning of freedom: No one is worthy of worship except Allah) – to mobilise people to support their cause.
This is utter and complete nonsense you are peddling here. No democracy will allow a fascist or a theocratic secession. All that these theories have created is an ever increasing spiral of violence and misery on the subcontinent. One million dead in 1947, three million in 1971, and a hundred thousand since then. How many more will the likes of you kill before you give up this 'human rights' and 'right to self determination' nonsense?SriJoy wrote:American civil war happened because there was no agreed protocol to democratic independence.rsangram wrote:
Where does it say that having a democracy means providing a mechanism for a part of the country to become independent. This is the sort of understanding of democracy among our own people, which is a large part of all the problems that we have. Have you ever heard of the American Civil War ?
For the sake of argument, even if you accept for a moment, that democracy means allowing separation, then it is even better. We shoot two birds with one stone. Get rid of our democracy too (which I call "chorocracy") with the right to secede.
As far as i know, human rights charter plus democracy implies, if there is political will for independence, democracies accommodate atleast the legal scenario via its constitutional courts.
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ramana wrote:I expounded on this with another member yesterday.
It's a long war and each: 1947, 1965, 1971, 1989 to 2003 and present are battles in this war.
First was Battle of Kashmir. It settled accession and that Pakistan occupied Kashmir and Gilgit Baltistan.
1965 was Battle Of Punjab. It showed India will cross International Borders in self defence of Kashmir.
1971 was Battle of East Pakistan. It led to creation of Bangladesh and 93000 POWs. Same number at Battle of Stalingrad in WWII.
1989 to 2003 is Second Battle of Kashmir. It established India will finish off Pakistan.
Now we are in Third and hopefully last Battle of Kashmir. If NaMo wins this it ends Pakistan. So we need to understand and support him.