Secularity, Autonomy, and Article 370

Article 370 was drafted in 1947 with the intention of being a temporary provision due to the ongoing territorial conflict between India and Pakistan over the Kashmir region. This clause grants special autonomous powers to the state and the debate over whether it should be abrogated or retained is still ongoing. 

The concessions given by Article 370 showed clear discrimination between the majority and minority communities. It resulted in the religious oppression of the Kashmiri Hindus who are the largest minority community in the region causing the numbers to dwindle even further. So while the rest of India enjoyed secular rights, a greater divide was formed in Kashmir due to the unequal rights of the communities. 

Source: thehindu.com

When Article 370 was drafted the condition for its abrogation was an agreement between the President of India and the Constituent Assembly. That Assembly is now defunct as it was disbanded in 1957 and hence, Article 370 can be abrogated without much delay - a point that has been raised quite often in arguments regarding this issue. However, this topic is multi-dimensional and can’t be viewed from just a single viewpoint. 

Any changes or the removal of Article 370 may result in a more secular and equal state but it would also cause dissatisfaction among the people of the Muslim majority community. The government is dependent on the votes of this community as well, causing a certain amount of delay and thought to be put into the option of making changes to this clause. People in this community aren't eager to become a part of the Indian nation either, claiming to be comfortable with their socio-economic scenario. 

Indian citizens may express discontent at not being allowed to enjoy the same privileges in Kashmir that they do in other states of India. While there may be an ongoing conflict about whether Kashmir belongs to India or Pakistan, a part of it remains under the Indian Territory and Indian citizens should be able to exercise their rights even there. This also gives rise to the question of whether every state in India should have its own laws governing the extent to which people can exercise their freedom.

Around the time of Independence, the Kashmiris were reluctant to become a part of India and preferred to remain an autonomous state as they felt separated from the rest of the nation. Now, India is secular and every religious community enjoys a certain amount of freedom and rights within the nation while Kashmir remains separated without that reason remaining. 

- Purnima Bala 

This is an opinion piece written by the author who has been credited, and the views that are expressed are exclusively hers.