Autonomy - an article of faith for people of Jammu and Kashmir, says Rather

Srinagar, July 09 - The Finance Minister, Mr. Abdul Rahim Rather, has said that summary rejection of the resolution on restoration of autonomy to Jammu and Kashmir by the Union Cabinet will further alienate the people of the State.
Speaking at the two-day seminar on State/regional autonomy here, the Finance Minister said that the response by the Centre will in no way affect our spirits and struggle for the just demand for restoration of autonomy will continue unabated. We will take up this vital issue at all available fora in the country.
Mr. Rather said National Conference was prepared to answer any query and remove the misgivings, if any, provided we were given a chance to explain and not treated as untouchables. Discussions and dialogue, he said, were the essence of democracy and outright rejection of such a vital document without even going through its contents in detail is not only undemocratic but most unfortunate as well.
National Conference, Mr. Rather said believes in peaceful and democratic means for projecting people's aspirations and passing of resolution was in consonance with it. The autonomy is an article of faith for the people and its erosion has been the primary cause for Kashmir discontentment, he added.
Mr. Rather said that the passing of the resolution by the State Legislature was major step towards restoration of eroded autonomy and it will in no way weaken the State's ties with the rest of the country. Autonomy, he said, is not something new as the State enjoyed the special status within the framework of the Indian constitution.
The Finance Minister lashed out at those who are criticising the just demand of the people and terming it as anti-national and said it is fulfilment of the commitments made to the people of the State by great leaders of the country from time to time.
Dismissing the vilification campaign launched by some elements against Dr. Farooq Abdullah, he said it will in no way help the country and on the contrary it will lead to further distancing the people from the mainstream. Electronic media, he said, is unfortunately being made a tool for unleashing malicious propaganda to whip up undesired hysteria.
Mr. Rather said that it is not correct that the demand of autonomy was ill timed. The National Conference had all along been making the demand. In fact it is part of the history of the party. It was made repeatedly through election manifestos, working committee resolutions and statements made by its leaders from time to time. Election manifestos of 1977, 1983 and 1987 and National Conference Working Committee resolution of 1994 provide irrefutable evidence for the same. National Conference fought elections of 1996 on the main plank of autonomy and got massive mandate in all the three regions of the State. The party got three out of four seats in Ladakh, as many as 16 seats in Jammu - the highest number of seats won by any political party in Jammu - and made a clean sweep in Kashmir division by securing 43 seats. These elections were held under the President's Rule and there is no room for any doubt about their fairness.
He said that in order to translate the party manifesto into reality Dr. Farooq Abdullah within one month of assuming of office set up a Committee to examine the question of restoration of autonomy to the State. The terms and conditions interalia were to examine and recommend measures for the restoration of autonomy to the State consistent with the Instrument of Accession, the Constitution Application Order, 1950 and Delhi Agreement of 1952. It was also to examine and recommend measures to ensure further harmonious relationship of the State with the Union. Mr. Rather asked wherefrom did the question of secession or disintegration of the country arose. He said after in-depth study of the relevant records and extensive deliberations the final report of the Committee was formulated. The report is very much within the parameters of the constitution.
About the allegations from various quarters that the restoration of autonomy will open a Pandora's box for similar claims from other States, the Finance Minister said that the State of Jammu and Kashmir has a unique and special position which no other State of the country enjoys. While other States signed the Instrument of Accession as also the Instrument of Merger with the Union at the time of independence, the State of Jammu and Kashmir was the only State which did not sign the Instrument of Merger. It signed only Instrument of Accession. The State of Jammu and Kashmir was also the only State, which negotiated the terms of membership with the Indian Union. The Instrument of Accession, Presidential order of 1950 and Delhi Agreement of 1952 clearly specify the subjects over which the Parliament has authority to legislate. The terms of Membership of Jammu and Kashmir State with the Indian Union are, thus clearly delineated and defined. Therefore, Mr. Rather said any comparison or for that matter the talk of similar claims for other States is totally irrelevant and out of place.
Mr. Rather said that as a result of unabated erosion of autonomy after the Presidential Order of 1954, the State has lost all semblance to autonomy. Quoting extensively from various parliamentary debates, historical documents, correspondence exchanged between the then Union and State Governments, and from the Constitution, the Minister said that all the Constitution Application Orders extended to the State after the Constituent Assembly of the State ceased to exist, are without any jurisdiction.
The Finance Minister said that keeping in view these historical facts and events, the State Autonomy Committee has made recommendations for undoing the wrongs and restoring special position consistent with the Instrument of Accession 1947, Presidential order of 1950 and Delhi Agreement of 1952.
Mr. Rather expressed the hope that Centre would realise the urgency and importance of autonomy for the State, rise to the occasion and take effective and meaningful steps for assuaging the hurt feelings of the people.



NC Working Conimittee meets on Monday Autonomy resolution rejected and not report, says Farooq                                                                                                   < News Line                                         

Srinagar, July 9- The Jammu and Kashmir National Conference working committee is meeting in Srinagar tomorrow to take stock of the situation arising out of the rejection of resolution on restoration of autonomy by the Centre and related issues.
Talking to media persons informally at the 2-day seminar on state and regional autonomy here this afternoon, the Chief Minister, who is also the President of the ruling party, Dr Farooq Abdullah today said all options and future course of action would be decided in the meeting.
To a question he said that the rejection of the resolution by the Union Cabinet does not amount to rejection of the report. "I am hurt and alienated", he said in reply to a question as to how he feels on the Centre's outright rejection of resolution passed by the legislature.
When his reaction was sought on BJP chief Mr Kushabav Thakre's demand for abrogation of Article 370, Dr Abdullah said that it is nothing knew and it has been on their agenda but they can't do it. He said that the outrageous reaction on autonomy resolution by Sangh Parivar and Shiv Sena was on expected lines as they have been all along opposing the Article 370. Even BJP agenda speaks for abrogation of this Article giving special status to the state. He said anti-Muslim stance of RSS and Bal Thakrey is well known and asked 'can Mr Thakrey through 200 million Muslims into the sea as he has been uttering'. He said he felt sorry for BJP and Sangh Parivar and prayed that they realise the realities.
He said that hue and cry raised by Sangh Parivar does not reflect the view of the nation. "Haven't you heard leading intellectuals and scholars like Muchkund Dhubey, Amitab Mattoo, B G Verghese, R K Mishra speaking in favour of our dei-nand about restoration of autonomy"
Dr Abdullah said that he will depute his colleagues to New Delhi to brief political leaders of all parties and MPs before the onset of Moonsoon session of parliament and clear misgivings, if any.
When asked whether he had been pushed to the wall by the Centre by rejecting autonomy resolution, Dr Farooq said "No 1 have not been pushed to the wall, nor am 1 somewhere nearer to that". He also ruled out dismissal of his government and said the era of dismissing government's is over.
On reported moves of trifurcation, the Chief Minister said that he was opposed to such an option and believed in the single entity of the three regions of the state. He said that he did not think that the Centre took any note of Farookh Kathwari's (US based Kashmir Study Group) document. "I don't think the Centre takes it seriously", he added.
Responding to a question on unleashing charges of mis-governance and corruption against his government in the recent past.by BJP, the Chief Minister said that "I laugh at their stupidity. But, after all they have to say something against me to the people".
He said that no provocation will drive him to azadi or nearer Pakistan as he is Indian from core of his heart. "I will remain Iiidian even if 1 am sent to prison", he said and added that labelling him aiiti-ltidiaii is nothing new for him as labels like Khalistani, Pakistani, traitor etc have been put to him earlier also. "I am least bothered what they say", Dr Abdullah said.
To another question, the Chief Minister said "I must make it emphatically clear that Kashmir will never become Pakistani. It will remain a part of India, come what may".

Farooq says he never diluted autonomy National debate for autonomy, no consensus on regional autonomy                                                                                         < News Line

Srinagar, July 9- Chief Minister Dr Farooq Abdullah today asserted that he has not at any point of time diluted the vital issue of autonomy and said during his several stints in office no constitutional (amendment) order was extended to Jammu and Kashmir.
Intervening during discussions, in the concluding session of 2-day seminar on state and regional autonomy to, what he called, put the record straight, he said the accord between him and Mr Rajiv Gandhi was to bridge the gulf between people as the voting pattern was totally communalised, and to seek liberal central funding for development of the state. He referred to the alarming voting pattern of Hindus voting for Congress and Muslims making National Conference as their preference. This tendency had to be reversed and therefore reciprocity was to be demonstrated to co-operation with Congress.
Dr Abdullah said that National Conference does not stand for politico- communal divide of the state and the need for regional autonomy is to assuage the aspirations of the people of three distinct regions and to bridge the gap between various ethnic groups.
He referred to the alarming voting pattern of Hindus voting for Congress and Muslims making National Conference as their preference. This tendency had to be reversed and therefore reciprocity was to be demonstrated to co-operation with Congress.
Reacting to the observation of Mr Ved Bhasin about sacking of Mr Balraj Puri from the regional autonomy panel, the Chief Minister said that he had gone to the press with his so-called report before taking him (Chairman) and other members of the committee. He said he took Mr Puri as the working chairman of the committee much against the counselling of his colleagues as he had betrayed Sher-i-Kashmir Sheikh Mohammad Abdullah and the party by hobnobbing with the then Janata Party despite being the Provincial President of National Conference. "But I thought he has been speaking much on the subject so his involvement would be beneficial".
Clarifying some points raised by Prof Hari Om, the Finance Minister Mr Abdul Rahim Rather said that the Delhi Agreement of 1952 was the statement made in the Lok Sabha by Pt. Jawahar Lal Nehru explaining his agreement with Sheikh Mohammad Abdullah on July 24, 1952 and subsequently in the Rajya Sabha also. Within Jammu and Kashmir, Sher-i-Kashmir Sheikh Mohammad Abdullah made the similar statement in the State Assembly. This, he said, is binding on both on the Centre as well as the State.
As regards the claim of non application of the fundamental rights as enshrined in the Part III of the Constitution to the State, Mr Rather said that Sher-i-Kashmir wanted revolutionary agrarian reforms whereby the land (property), protected as one of the fundamental rights under the Constitution, was sought to be taken away without compensation under the land to tiller reforms. The State took it up with the Centre and a solution was sought. Except it all other fundamental rights were made applicable.
Mr Rather said that Constitution Application Orders were considered unconstitutional as these powers vested with the Constituent Assembly and in absence of the latter these should not have been there.
He said that had the autonomy not eroded we would have given the ST status to Gujjars and Bakerwals over a decade ago as the Centre took over 10 years in acceding to our request.
Concluding the seminar, Mr R K Mishra stressed the need for launching a countrywide campaign to educate the people about the restoration of autonomy. He offered his services for initiating the dialogue at Delhi to dispel misgivings on it. He said there is no need to make an issue between the people of Jammu and Kashmir and people of the rest of the country, as the latter understand their problems. He also suggested for a similar dialogue within the state to convince all sections of population about it and carry on everyone with it.
Mr Muchkund Dubey suggested that the regional autonomy report should be put on the back burner and emphasis should be laid on restoration of autonomy for the state. . "When a house is on fire, you don't construct a new house but concentrate on extinguishing the fire".He said Panchyats should be restructured to meet regional and sub-regional aspirations. He also suggested amendments to the J&K Panchayat Act
Mr Amitab Mattoo described the reaction in the country on autonomy report as offshoot of mis-communication. He said this document should be presented as a basis for dialogue and negotiations. He stressed the need for making a capsule of the report for national debate having preamble explaining the autonomy demanded.
Mr Muraza Shibli, a research scholar of Kashmir University, said that the Government of India by rejecting National Conference demand for autonomy has done a great dis-service to itself from Indian point of view. Autonomy is the only option that Farooq Abdullah could offer.
Without associating himself with NC ideology, he said Dr Farooq was trying to put the things on a path that was more peaceful that any other quarter can offer right now. He also disapproved the charge of sabotaging the proposed talks between the Hurriyat and the Centre. Describing the charge as an agenda of NC detractors, he said, they want to settle score with Farooq Abdullah for they are either politically dead or are nurturing the hope to unsettle him just for the heck of it. They have no suggestions, offers or the alternatives but to oppose Dr Abdullah to the hilt. "It is not Farooq Abdullah who is sabotaging talks with the Hurriyat but it is the Centre that is sabotaging it", he added.
In his keynote address, Prof Ashwani K Ray said that struggle for autonomy of Jammu and Kashmir cannot be delinked from the struggle for autonomy of the people of three distinct regions within the State. He said functional autonomy in democracy contrivance to link the individual citizen with sovereign Indian State through intermediary tiers of governance, each equipped with constitutionally enshrined powers, authority and spheres of rights and duties. These include panchayats, municipal corporations and districts and in the case of Jammu and Kashmir the three etheno-cultural regions of Kashmir, Jammu and Ladakh.
Prof Ray said that debate needs further widening and deepening leading to a possible national consensus around the basic principles of autonomy and devolution of power to the citizens and groups within India's national sovereignty. This, he said, would reinforce India's territorial integrity and national security, perhaps more abidingly than our nuclear arsenal.
Prof Riyaz Punjabi, Chairman of the Regional Autonomy Implementation Committee said the consensus of the seminar is that state autonomy report needs to be pursued through dialogue and debate both at state and national level, there has been no consensus on regional autonomy report. He said he was overwhelmed by the response the seminar received from different sections of Jammu and Kashmir State, which he described, beyond expectations.
Terming the two-day discussions as useful exercise, which unfolded insight of the mind of the people both within and outside the state especially of Jammu, which he described as a liberal face. He said there can be bickering and enormous problems and the report may not be the final solution to these but alternatives have to be found to meet the regional and sub regional aspirations. Opposing regional autonomy report, Prof Hari described the proposed division as communal and sought round table conference on this issue for eliciting views of all sections of society. He supported Dr Abdullah's concept of federalism and asked the countrymen to support it.
Mr Ved Bhasin also opposed the report terming it as a sinister design to divide Jammu on communal lines. He objected omission of the report prepared by the working chairman, Mr Balraj Puri in the document and said that it should have made available for discussions and if it has been opposed by other members of the committee, there dissenting note should have been there.
Favouring the report, Mr Khalid Najeeb Suharawardhy said that regional autonomy will do justice to pockets like Doda which have been discriminated not only in terms of development but also in employment.
On autonomy, he said it is an opportunity that should not be frittered away otherwise consequences could be dangerous.
Prof Rekha Choudhry also opposed the move to carve out eight regions out of the state and said that even the state constitution talks about three distinct regions and there was no need to resort to erstwhile principalities to further divide the state. She said the devolution of power should be transferred from the Centre to the State, State to regions, regions to district and districts to Panchayats. She said backwardness can be tackled even without dividing the state into so many regions. She also sought change of the state law discriminating women as it takes away their state subject rights after marrying a non-state subject.
Mr Mushtaq Ahmed Bukhari said the regional autonomy will assuage the aspirations of people particularly those belonging to backward and rural areas, which have not got adequate opportunities of development and progress. He said areas like Poonch and Rajouri are far behind in respect of education, employment and development.
Mr G M Bhawan in his brief presentation supported the autonomy move saying that these reflect the deep yearning of the people and restoration of autonomy will satiate their political aspirations.
Mr Abdul Rehman Tukroo supported the report while Prof Mohammad Ishaq Khan gave historical perspective of the autonomy. Mr Javed Rana said that Gujjars have always been exploited and denied that they were opposed to autonomy as is being made out by Prof Hari Om. Ms Hamida Akhter also gave her presentation.
Supporting the report, Mr Bushan Lal Bhat demanded provision for Kashmiri Pandit migrants in proposed dispensation. He regretted that there is no mention about them in regional autonomy report.
Mr Ramchand Bhagat lamented that depressed classes have never got fair deal and supported the autonomy. Mr Mohammad Sultan also welcomed the autonomy proposal and lashed at the Centre for rejecting the resolution in disgraceful manner, which gives insight of Delhi's mind.

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