This post has been self-published on Youth Ki Awaaz by Atif Yamin. Just like them, anyone can publish on Youth Ki Awaaz.

Why You’re Wrong In Celebrating The Removal Of Article 370

More from Atif Yamin

Today, a bill to scrap off Article 370 of the Indian Constitution was introduced in the Parliament by the Union Home Minister, Amit Shah. A lot of us look at it as the permanent ‘solution’ to the problem of Kashmir. But here is why the move is wrong at all fronts:

Breach Of Contract

On October 26 1947, in the wake of the Pakistani people occupying a large part of Jammu and Kashmir (what we today call PoK), the then ruler of the state, Maharaja Hari Singh signed the Instrument of Accession. It merged the state of Jammu and Kashmir with the Union of India and it is the sole thread binding the two pieces of land. Under the Instrument of Accession, Jammu and Kashmir surrendered three subjects — defense, external affairs, and communications but it came with a few strings attached.

Clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. Article 370 was designed to protect those rights.

Unlike what a lot of us believe, Jammu and Kashmir was not the only state to bargain its share of privileges. There were 12 states who got Special Provisions. Therefore, today when the President signs that bill, all it means is that the Union of India is going back on its words. The same words that got Jammu and Kashmir signing the agreement.

We cannot, therefore, ignore the fact that Article 370 is the basis of the contract called the Instrument of Accession.

A light aircraft tows a banner with the words “India Stop Genocide & Free Kashmir” in the sky above the ground during the 2019 Cricket World Cup group stage match between Sri Lanka and India at Headingley in Leeds, northern England, on July 6, 2019. (Photo by Dibyangshu Sarkar / AFP)

An Attack On Federalism

India calls itself a Union of States. The Constitution guarantees every single state the right to self governance which is why we have Chief Ministers in every state, unlike Union Territories where we have Lieutenant Governors appointed by the Centre.

Jammu and Kashmir signed to be a State and not a Union Territory. So, today, even after the President signs the piece of paper that was given just an hour of discussion to decide the fate of 1.25 crore people, it will have to pass through the state legislative assembly with a two-third majority. Right now, the Governor of Jammu and Kashmir, former BJP Leader, has dissolved the state assembly making him the Constitutional head of the state. To the President, Amit Shah quoted the Governor’s consent as the consent of the State. RIP federalism!

The Pride India Took In The UN’s Advice

When India approached the United Nations to solve the Kashmir crisis, the solution that was laid out had three conditions:

  • Demilitarisation of PoK by Pakistan
  • Demilitarisation by India
  • A referendum to be conducted wherein the Kashmiris will decide their fate

Until today, owing to Article 35(A), no outsider could own a property in Jammu and Kashmir. This always gave an upper edge to India on the international platform which, unlike Pakistan, claimed that only the original inhabitants and their families live in Jammu and Kashmir. So, if a referendum were to take place today (although it is highly unlikely), only the actual stakeholders would vote for themselves. Now, anyone can go in and be a resident of Kashmir. So, the bleakest possibility of a referendum is now permanently ruled out.

By the way, outsiders cannot own land in Himachal Pradesh too.

What Does Scrapping Article 370 Actually Mean?

Jammu and Kashmir already has the Armed Forces Special Powers Act. After today, it will be divided into two separate Union Territories: Jammu and Kashmir and Ladakh. The former will have an assembly but will still be ruled by the LG.

Today’s move very clearly states that the local leadership of the State does not matter to the Union. The Union holds absolute authority over the State now. The representation of the Kashmiris would no matter have a say for issues relating to Kashmir.

The local leaders are under house arrest, just like Atal Bihari Vajpayee and LK Advani were, during the emergency. The Amarnath Yatra has been called off for the first time in 25 years. Army deployment is at its peak. Communication is suspended between Jammu and Kashmir and the rest of India.

Today, let us just take time out to read what Jayaprakash Narayan had to say in 1966 about Kashmir, “If we continue to rule by force and suppress these people and crush them or change the racial or religious character of their state by colonization, or by any other means, then I think that means politically a most obnoxious thing to do.”

Rajdeep Sardesai also has an interesting take on the whole issue, “Societies move ahead by instilling hope and confidence in its citizens, not by spreading fear and uncertainty. And genuine change never comes at gunpoint but through reforming hearts and minds.”

So, while you will be thumping your chests with chants of support today, there will be thousands of students from Jammu and Kashmir who would have no channel of communication with their parents back home.

Congratulations 🙂

Featured image for representative purpose only.
Featured image source: Kashmir Global/Flickr.
You must be to comment.
  1. Amit Dubey

    My response to the last line “there will be thousands of students from Jammu and Kashmir who would have no channel of communication with their parents back home” was awww so cute…Poor separatists they can not talk to their parent for few days, what a tragedy.

    You could not come up with a better ending ? nvm ! time for a change.

    Jai hind !

    1. skip916@gmail.com

      Well said I think this blog site is anti India and support Paki writers

    2. Ankita

      Why do you talk like a kid? You look pretty old to me.

      Btw OP, good article and although I still need to learn more about this topic to form an opinion I think you did good research to write this article. Kudos!

  2. Bindita Sinhä

    Yes you have pointed out correctly but people now a day losing their logical thinking. This step is nothing just a political propaganda to shift the focus from NRC problems and Unnao rape case to Kashmir. Moreover, look at the timing of declaration, just before the 15th August…this will lead to riots and many more problems.

    1. Amit Dubey

      Do not spread hatred ! what if no riots happens ? then will u shut your mouth forever ?

    2. skip916@gmail.com

      You have no idea what you are speaking – do you want status quo because of fear of riots were we having less violence before that ..what do you have to say about the benefits which will be transferred now to people of Kashmir .. you are a dumb person with your hatred towards Hindus and BJP.

    3. TAUSIF IQBAL

      Guys please understand…..I am deeply saddened by the acts of those whom I thought were intelligent enough to gauge situation….but when it came to Kashmir it seems they have themselves stopped thinking to be as biased as possible…..guys when you celebrate revoking of article 370 just have this in mind that you are celebrating snatching of someone’s right…and if you think that this is revenge for kashmiri pandits then I am literally crying to say that these guys are not those who did that…and they don’t deserve it but still thousands of killings hundreds of abduction not just this harrasment on daily basis and extremely shameful act of sexual harrasment by our demigod Army personnel…..however you try to cover things up and try and call all sets of nonsense but you can’t deny this unsaid truth and it’s painful and you celebrate that….and I ask you wasn’t it enough for them to pay..and isn’t your revengeful heart fulfilled..it was not just a kill of democracy but also violation of UN pact and agreement which says any change in it’s politics should be bilateral which this revoking is not, you are actually celebrating death of someone’s hope.
      Please guys rethink.

  3. Ravi kumar

    Hip Hip Hurray….Indians, Kashmiri Pandits are celebrating & Pakistan Muslim crying…. Celebrations yahoooo

  4. Moumita Sardar

    It’s good that you want to point out the cons of the step but at least rectify every flaw in your article before publishing it!
    1. Every state has its own government. True. But every state doesn’t have a clause or benefit equivalent to Article 370. So, your comparison is wrong.
    2. About the 3 solutions, where you have very nicely just looked over the first point! Demilitarisation of PoK! Why is it that the Indian army should now out while the PoK remains decorated with the neighbouring country’s army?! Why isn’t there a ‘awaaz’ against that?
    3. The Amarnath Yatra was cancelled because of a terror attack alarm.
    Everything has its aftermath. The rest of the country might suffer one day too, I agree, with such fast rulings. But look at the necessity of the situation. Terrorism has become just another story like rape cases/ sexual abuses in our country. If this step at all tries to eradicate at least one major problem..we should just wait and see. Because you will definitely publish another article condemning the government(whosever) when and if there is another terrorist attack.

  5. skip916@gmail.com

    What a stupid article – seriously. You have not shown why we should have article 370 and how it helps the people of J&K and Ladakh. So you want status quo what we saw for 72 years. The moment Pakistan attacked an independent nation Kashmir it lost it’s ground as a stakeholder – it is just because of Mullah Nehru wanted to preserve the muslim domination of the state – why should we as India keep the demography same when we lost our major lands which were never Muslim majority in the past infact Pakistan had a majority of hindus elected in their parliament before it was dissolved. UN has no say after Pakistan attacked in 1965 and after Pakistan signed the Shimla agreement. Screw Pakistan and their supporters – we should ensure most of the states have less Muslim population because we have seen that the so called peaceful muslims bow down to the jihaadis and allow them to pillage the Hindu land because for them everything is for Islam – Muslims have never created anything just grabbed and looted in the history they are doing this in western countries also – 56 Muslim countries but maximum number of refugees are from muslim nation why ?? because these refugees are migrating to create an islamic nation and not for any other reason.

    This will be the best – I am afraid the writer’s Pakistani and Islamist slip is showing .. Please write about forced conversion of Hindu girls and how Pakistan annexed Balochistan

  6. Kaavish Sachdeva

    Thanks for the write up But, WHATEVER STEPS THE GOVERNMENT HAS TAKEN ARE TRUE AND ABSOLUTELY JUSTICE TO KASHMIRIS. I THINK YOU ARE UNDER TREMENDOUS PRESSURE AND MAY BE FORCED TO WRITE THIS ARTICLE BUT CRORES OF INDIANS KNOW THAT THE MOVE WAS DIVINE AND FOR THE WELFARE OF KASHMIRIS. IT WAS A PART OF INDIA AND WILL BE IN FUTURE TOO. YOU TALK ABOUT YOUTH SO LISTEN, THE YOUTH OF KASHMIR IS JUST GETTING UTILIZED BY THESE SO CALLED ISI AND PAKISTANI MILITANTS. WITH THIS REMOVAL INDUSTRIES CAN COME JOBS WILL BE CREATED AND EVERY KASHMIRI WILL GET JOB AND DEVIATE THEIR MINDS FROM USELESS ACTIVITIES TO SOMETHING PRODUCTIVE BECAUSE POST REMOVAL MILITANTS CANT ENTER KASHMIR. SO BACHCHE STOP WRITING AND GET A GOOD MIND.

  7. NAMRATA MISHRA

    Very well written ! Thank you for voicing up despite the hatred surrounding us.

More from Atif Yamin

Similar Posts

By Sonali Pandey

By IMPRI Impact and Policy Research Institute

By Aditya Jaiswal

Wondering what to write about?

Here are some topics to get you started

Share your details to download the report.









We promise not to spam or send irrelevant information.

Share your details to download the report.









We promise not to spam or send irrelevant information.

An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

Read more about his campaign.

Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

Her campaign #MeriMarzi aims to promote menstrual health and wellness, hygiene and facilities for female sex workers in UP. She says, “Knowledge about natural body processes is a very basic human right. And for individuals whose occupation is providing sexual services, it becomes even more important.”

Meri Marzi aims to ensure sensitised, non-discriminatory health workers for the needs of female sex workers in the Suraksha Clinics under the UPSACS (Uttar Pradesh State AIDS Control Society) program by creating more dialogues and garnering public support for the cause of sex workers’ menstrual rights. The campaign will also ensure interventions with sex workers to clear misconceptions around overall hygiene management to ensure that results flow both ways.

Read more about her campaign.

MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Read more about her campaign. 

A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Find out more about the campaign here.

A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

She says, “Bihar is ranked the lowest in India’s SDG Index 2019 for India. Hygienic and comfortable menstruation is a basic human right and sustainable development cannot be ensured if menstruators are deprived of their basic rights.” Project अल्हड़ (Alharh) aims to create a robust sensitised community in Bhagalpur to collectively spread awareness, break the taboo, debunk myths and initiate fearless conversations around menstruation. The campaign aims to reach at least 6000 adolescent girls from government and private schools in Baghalpur district in 2020.

Read more about the campaign here.

A psychologist and co-founder of a mental health NGO called Customize Cognition, Ritika forayed into the space of menstrual health and hygiene, sexual and reproductive healthcare and rights and gender equality as an MHM Fellow with YKA. She says, “The experience of working on MHM/SRHR and gender equality has been an enriching and eye-opening experience. I have learned what’s beneath the surface of the issue, be it awareness, lack of resources or disregard for trans men, who also menstruate.”

The Transmen-ses campaign aims to tackle the issue of silence and disregard for trans men’s menstruation needs, by mobilising gender sensitive health professionals and gender neutral restrooms in Lucknow.

Read more about the campaign here.

A Computer Science engineer by education, Nitisha started her career in the corporate sector, before realising she wanted to work in the development and social justice space. Since then, she has worked with Teach For India and Care India and is from the founding batch of Indian School of Development Management (ISDM), a one of its kind organisation creating leaders for the development sector through its experiential learning post graduate program.

As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

Let’s Talk Period aims to change this by

Find out more about her campaign here.

Share your details to download the report.









We promise not to spam or send irrelevant information.

A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

Srilekha has also contributed to sustainable livelihood projects and legal aid programs for survivors of sex trafficking. She has been conducting research based programs on maternal health, mental health, gender based violence, sex and sexuality. Her interest lies in conducting workshops for young people on life skills, feminism, gender and sexuality, trauma, resilience and interpersonal relationships.

A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform Change.org, demanding that the Government of Assam install
biodegradable sanitary pad vending machines in all government schools across the state. Her petition on Change.org has already gathered support from over 90000 people and continues to grow.

Bidisha was selected in Change.org’s flagship program ‘She Creates Change’ having run successful online advocacy
campaigns, which were widely recognised. Through the #BleedwithDignity campaign; she organised and celebrated World Menstrual Hygiene Day, 2019 in Guwahati, Assam by hosting a wall mural by collaborating with local organisations. The initiative was widely covered by national and local media, and the mural was later inaugurated by the event’s chief guest Commissioner of Guwahati Municipal Corporation (GMC) Debeswar Malakar, IAS.

Sign up for the Youth Ki Awaaz Prime Ministerial Brief below