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

  • love pakistan

    tum ne jese kaha k pakistan peeth pe chura ghunpta hai….. magar. yr tum b achi tarha jante ho k aeda kabhi b nahi. hota……..

  • Quratulain Raza

    Kashmiris r suffering from decads hostalities r carried out by indian armd forces on innocent kashmiries every day…bt i want to hv ans of one ques.. y there is so much chaos in IOK nt in POK just bcz india wanna supress their voices..its a majority muslim population state geographically it should be a part of pakistan… india just annaxed it by force

  • Nayan Hazra

    Remember Sholay old lady vale tera dost sharabi ho,juaari ho lekin uska koi dosh nahi
    Akash like Congress and left inka koi dosh nahi sab dosh bjpwala

  • SAMAPTI NAYAK

    One thing I don't understand if Patel sir could convinced Nijam for hydrabad then why he wouldn't take interest in Heaven like Kashmir which was a Hindu state on that time, I sorry I really like your videos but in this one I don't agree with you because u r manipulating your followers, we know the history of India being an India and Patel sir did his job well, the failure is the Nehurji who could not do his job to get kashmir…please share the truth do not manipulate those who follow you….

  • Ijaz Ali

    O bhai mery Tu Pir Kashmir mey qarfiu Q hai or Agar Kashimiri Pakistan k 7 shamil nhi ho rahey tu Kashmiri videos mey Kashmiri people's Pakistani Flags Q lehratey hai ??? And Pakistan ZindaAbad or Kashmir Banega Pakistan k naarey Q lagatey hai ??? Or 900000 Indian Army waha kia kr rahi hai ?? poora Kashmir tu 27000 Square kilometres ka hai or 900000 Indian Army ??? Koye hai jo mery sawalo ka jawab dey ???? Any Indian person ????

  • Ali Un Wali Allah

    great knowledge

    shukar karu modi sarkar ne video delete ni ki kio ki apki media to hamesha galat e bolta hai kisi ko aisi bat karna pasand ni

  • Malik Wajahat

    Great video brother but I can tell you everything is fine here in AZAD KASHMIR.. But people living near LOC are being targeted by the Indian Army (I'm from Kashmir, Pakistan)

  • Mehran's Content

    Now half Kashmir is in Pakistan and half in India..
    Pakistani kashmiris are happy in Pakistan and Indian kashmiris are not happy in India.. Why they want freedom just think about it 👍

  • Piyush Khandelwal

    There are a number of things to be understood here:
    1. Raja Hari Singh acceded to India fearing Pakistani attack. It means J & K is officially a part of India and India has every right to protect its land.

    2. As per Shimla agreement, a referendum is required to be held in J & K and the first condition for that to happen is that the Pakistan Army should withdraw from Kashmir, since its India's land.

    3. But the Pakistan Army is not withdrawing becoz maybe they know that Kashmiris wont side with them. And thats why Pakistan is not letting India hold the referendum as per Shimla agreement.

    4. Now as per this video, Article 370 was a temporary provision till the referendum is conducted peacefully in J & K. But the referendum is not in sight for decades now and also doesnt seem to be happening in future as Pakistan is not willing to withdraw its Army. So, how long does the video maker want Article 370 to continue? Its already more than 50 years.

    5. Article 370 was being exploited by Pakistan to fan emotions and spread hatred for India. Also, Article 370 posed significant challenge in terms of administration for the Indian Government as all its laws could not be implemented in J & K state.

    So, J & K already being India's part, its a natural thing that Indian laws apply to it in totallity. So, its right for Indian goverment to suspend Article 370 and its provisions till Pakistan executes its part of the Shimla Agreement to let Referendum be conducted in J & K.

  • aditya singh

    bhai pehli baar kisi ne itna sahi bola hai kashmir ke or article 370 ke baare me nhi to baaki sab to ……. total BAKWAAS KARTE HAI

  • Khan Khalil

    peeth peeche se chura ghompna aur phir dar kar xhekhna india ki aur khas kar hindu buzdilon ki nishani hai….kuch kehne se pehle history parh kar ayen shukriya

  • hareem ilyas

    I wonder k kashmir ki majority population Muslims thi as u said 80percent of population…and all the princely states were given the right of selection whether they want to be a part of Pak or India…so the Kashmiris voted for Pak but their raja Hari Singh he dogded his own people..As far as the attack by Pak army is concerned they took this bold step coz of the Kashmiris becoz we knew that Hindus can never be just to Muslims…n thts wht happened..ri8!! India, in the race of proving itself a secular state, never thought of the people of Kashmir..

  • hareem ilyas

    Existential crisis?? Sorry but this term really offended me…We have our own problems in our coubtry but still we always prefer to talk about Kashmir issue not becoz our forefathers have taught us this but becoz we knw what is happening in Kashmir we knw that our Muslims brothers and sisters are living a life which is even worse than hell…

  • Ali Hassan

    am from pakistan ap ki kuch infromtion galt hai bahi bith par chura gompa to ni ithing front line par goli k badli goli he chalti india war ki shruwat kary to best war or agr pakistan kary to beth pechay beth pichy yarr etni nafrat kun

  • Maha khan

    Ap bhi 1 Indian hn or apki zaban se tareef bhi India ki hi Nikal rahi hai .. Kashmir k log Pakistani hn or Woh khod chaty hn khasmir bane GA Pakistan.. pr ap log k " Modi " jin k Dil me itni nafrat hai Pakistan k liye k Woh rooz logo ki jano se khail rahe hn itne log maar diye or toh or ab asi condition Ka faida utha kr ladies k sath bhi kharab harkatein kr rahe hn.. dOob k mar jaen ap logo k ase foji jawan joh ase kharab kaam kr rahe hn or logo ko maar rahe hn .. or ab logo ko arrest or k ghayab bhi kr rahe hn shame on you.. Allah ka Azaab jis din para na toh ye 1 city kya pora india modi k hath se chala jaye ga … Yaad rhkna ap log.. ap India k hn toh ghalt Cheez ka sath dein Gy?? Women's rights k liye toh ap log bhot awaaz utha te hn na? Ab kaha gaen woh awaze? Qk ab bat Pakistan ladies ki hai? Or villain apka apna modi hai? Chee !!

  • Hire Mudasir

    Kashmir main human rights violation ho rhi hai is ka responsible kon hai kyn nahi azadi dete Kashmirion ko jo kashmirai chahte hain wo karna chahye

  • Rincha Thakur

    Thank you for sharing detailed I formation in both of your videos Sir ! But it's a request to use full name Jammu & Kashmir , not just Kashmir ! This is the primary thing we must consider ! Because actually this is where we start discriminating Jammu , Kashmir and Ladakh ! Maharaja Hari Singh had his palace in Jammu and was king of complete state ! Your words really matter a lot as many people are listening to you and must be trusting you as well ! Kindly make sure not to slip out on such small things !

  • Mohsin Qamar

    I love Humanity Muslims Hindus Christians and what is happening in Kashmir it's One mans fault ( Modi) not the Janata of Hindustan or Pakistan I am a peacekeeper. Ab mujhay Gali do Muslims bhai at Hindu bhai magar ek baat yaad rakhna I love all humans and all me Bahen chode maa chode if that make you feel better.

  • Shawal Tariq

    bilkul ye tumhari buzdil army jo nihathy kashmiriyo pr 72 saal se zulm kr rahe ha baghairat buzdil country bs bollywood movies he banaow inshallah bohat jald modi ghalti kare ga aur ek aur surprise mile ga usay

  • Celastina DS

    14:38 I don't understand this explanation because I don't see anything like this in Goa even being Goan residential any special 🤔

  • Umar Malik

    Saly tu Kashmir ja to sahi tu b marry ga apny ghatiya hindoooo ki tarha jo Kashmir k bary mai asi ghatiya soch rakhty hain lant tujh pay or tary Maa bap pay.

  • Shabbir Ahmed

    very very good video, salute to you for speaking truth, kashmir is not the integeral part of india or neither pakistan, kashmir is only belong to kashmiri people, free kashmir

  • Anees Qureshi

    bhai batain tu nyy theek ki magar hai tu tuu typical indian Pakistan prr e sara muda dala like always salwar phar krr jail chalay jaty hu aa g Pakistan nyy galat kaam ki koshish ki

  • Pavan Singh

    Thought of watching your video but gave up in 1 min as you show your own mockery already tailored….dhat teri ki bore kar diya

  • legend Angel khan

    Chup kr sale jothe Pakistan n tuje zinda jane dya shukar kr samja Kashmir map k hisab s Pakistan ka tha but harri sing k kahne per us refendram p sing Kia k agar Kashmir sub s alag rehna chata h to rahe salé jothe history suna rha h mix kr k lakin harri sing n Kashmirio ko dhoka deker india ko becha tub pak Army n hamla Kia because Kashmir Pakistan k hisse m aya tha salé harami such or joth ko mix kr k story suna rha hai Kashmir s agar tum honest hote to 7 lac Army india ki waha kia kr rhe h

  • legend Angel khan

    Islie Kashmir ko hum tumre sath nhi rakhna chate the Hume pata tha waha 80.% Muslims ka tumri kafir govt kia kregi ik din aj tumre apne desh India m. Musalman save nhi h Kashmir ka tumne y Hall krdia h or Aj islie Kashmir Pakistan k sath rehna chata tha or Pakistan k sath rehna chata hai samje islie Pakistán bana tumre gandi je n angrezo k sath milker musalmano rites ko china samje Pakistan pit p chura nhi ghopta tum chura ghopte ho

  • Manjeet Singh

    Bhaii jahan aap kashmir Kashmir kr rhe ho wha ladakh or jammu me b problems h. Bt aapko toh sirf kashmir hi dikhta h

  • Ardhendu Chakraborty

    I don't belong to Kashmir. There are a few things we really need to understand.
    1. The people who say shit like "Kashmir abb hamara hai" and "now I can go and purchase land" shouldn't be taken seriously at all. I'm not even going to talk about them.
    2. Also, the point being. You spoke of asking the Kashmiris what they want. See, this is just not possible. There are 1.3 Billion people residing in India. Now if tomorrow, I and a couple of my friends want autonomy in my apartment, will you, being the Govt grant me autonomy?

    You may argue saying that there, there are too many people and here, it is only a few. So basically, according to the people who argue as such, "human rights" and "freedom of choice" is only violated when the number of people is more. If there are fewer people, they aren't violated?

    If tomorrow, Kerala or Telangana demands autonomy, will you let go them? Of what use is a "system" when everyone residing inside the system becomes autonomous?

    Also, what about Pakistan backed insurgency operations in Kashmir?

    The Constitution of J&K in its Article 3 and 4 mentions that "the entirety of the state of J&K which was under the rule of Maharaja Hari Singh will be a part of India".

    So people who say, "we need to ask what the people want". These people are trying to say that ignore the Constitution which has been accepted by the people, and then demand freedom on humanitarian grounds.

    Absolute non-sense.

  • Kaukab Zahid

    Peechay say khunjar to india nay mara partation kay waqt .reality is that hyderabad, junagarah and kashmir along some areas of Indian punjab were Muslim majority area ,which was actually basis of partation so if you want to start the history of partation then start from there, and tell the world how did india dishonestly occupied those parts which were actually parts of pakistan and have to be included in Pakistan. Don't try to bluff people. What you people have done at time of partation, whole world knows and kashmir dispute ultimately would be decided according to UN resolution. Thst's why security Council meeting was held. Have patience this time, you wouldn't be able to do those dirty tricks which you did in 1947.and yes how many Indians show their brought up by their parents and their mental caliber would be obvious from their comments below this post. My advice to those giving abusive comments here is that your parents couldn't brought you up in proper way so instead of abusing here and be a nuisance ask them why they brought you in this world when they didn't have time for you and you were left alone for abusing and trolling people only.

  • rana hasham

    you are a bludy idiot ap logo nae phle hamla kya th kashmeer pr pakistan nae to apne logo ko bchany ky lye apni foj bhji th

  • Rubina Butt

    Wow thank bro you are only the first Indian youtuber and citizen who tell the truth about Kashmiri without worrying about subscribers

  • SHILPA D

    The day there are no armed forces on the streets and border of kashmir that day would be "real Indian Independence day"…..

  • OWAIS HASSAN

    yr banda khod ki shakal dhek kr bt krta ha itni bar tm logo ko tmhary gayo matta ha pishab yad dilaya ha qk maa ka doodh tw tmny pia nh ha tmhary foji khod khety ha hm 20 hazar ropy m q marey hm wo log ha jo sajdy m shadat mangty ha hmsy laro gy barbad ho jao gy

  • Suhail Ahmad

    Truth is universal, there is no Delhi truth or Islamabad truth or Washington truth or Riyadh or Tel Aviv The ultimate verse of politics is in the Quran where God said to Prophet David (Dawud ) "O David, indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow [your own] desire, as it will lead you astray from the way of Allah ." Indeed, those who go astray from the way of Allah will have a severe punishment for having forgotten the Day of Account." (Quran 38:26) . It is clear from this verse Modi government has done injustice to the people of Kashmir. He did not consult, locked them and imposed restrictions upon their freedom. So, it is clear to the world MODI gov has done injustice to Kashmiris. Raja Hari was not truthful .

  • Tajammal Hussain

    I'm from Pakistan. Salute to you that people like really exist in India. Such bolny ki himat hai ap men real facts par bat ki apne bro. Warna jaisa ap logun ka media hao jhoot aur dheetai se khabar daine wala yakkeen manein Phudo kisam k log lagty thy but ab yakeen huwa k achay aur parhy likhy log exist krty hain

  • Objectworks

    Bhakt (to be in a long shot!) banergee like many liberandoos left out the kashmir pandit exodus issue… Issue of terrorism to terrorize the people there…2 families and a bunch of separatists ruling the state… Why only 2 muslim families rule the hindu majority jammu and ladakh? How no of seats in kashmir is manipulated to make sure only cm is always from kashmir!!! Well liberandoo, liberandoo hi rahega!

  • Francsco Loitongbam

    I know you are well educated person but you are spoon feed you learn from book not from ground reality. And I know you are supporting one party but friend you must know everybody make mistake but you are making comment not giving solution. As the saying goes in order to catch fish you have to churn the water and make water dirty.

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