Nomination Form 2011 Citizen Of The Years To Be Presented At The St: Fill & Download for Free

Remember the teacher-writer in most Amitabh Bachchan movies? Usually killed by goons. Now YOU CAN change the narrative! That honest, insightful, dedicated one, contests the elections and wins!Social activist Sarah Joseph, popularly known as Sarah Teacher, is an award winning novelist and short story writer. She was the harbinger of feminist movement in Kerala and the founder of ‘Manushi – organisation of thinking women’, the first of its kind. She is the AAP candidate from Thrissur, Kerala.She believes that AAP is the party of the future and has opened a new path, the potential of which should be fully used.Pioneer of the prestigious National Law School in Bangalore is AAP candidate from Bangalore North... A track record of delivery, institution building and fighting for justice, & labour reforms....Name- Prof. Babu MathewConstituency- Bangalore NorthEducation- BSc, LLB,LLM, M.Phil from National Law School of India, Bangalore, gold medallistAge- 64Occupation- Former Law ProfessorFormer Professor of LawChair, Juvenile Justice, Ministry of Social Justice and Empowerment, Government of India,Former Registrar of National Law School of India University, BangaloreBabu Mathew was one of the pioneers of NLSIU, the premier Law School of India. This professor of law quit his job at National Law University in New Delhi recently to work for AamAadmi Party fulltime. He is a Nehru Fellow at the Nehru Memorial Museum & Library and a noted philanthropist – he is the former Country Director of ActionAid India. He has been the Vice President of the Trade Union International affiliated to the World Federation of Trade Unions. Babu has contributed immensely to Labour Law reforms, Child Rights, Human Rights, Legal Reforms and in protecting the rights of working people and provided his expertise as a subject expert to several international universities. He has also been a negotiator to settle several disputes under the Industrial Disputes Act 1947...Babu Mathew is committed to provide his expertise to citizens of Bangalore to reclaim their city, make it safe and address (and solve India’s third largest city’s) civic, social, developmental and human rights related issues.For the first time in many years, someone has had the courage to confront and put up a strong challenge against Gandhis in their strong hold. That is Dr. Kumar Vishwas, AAP Amethi candidate who is taking the fight against dynasty politics head-on. While other parties raise up the issue of Congress's dynasty politics which has eroded our democracy, but no leader of other major parties challenges Congress dynasts directly.Shefali Misra, human rights activist and development specialist, a former UN employee, who has studied at Delhi University, Massachusetts Institute of Technology and London School of Economics, is the AAP candidate from Sitapur, UP.Shefali believes that planning with people is the first step towards empowerment.Born as a bonded labour slave, married at 14, nominated for the Nobel Peace Prize in 2005, Tiliya Devi is the candidate for Lok Sabha by Aam Aadmi Party from Jhajharpur, Bihar in 2014.The extra-ordinary story of a courageous Dalit worker, who the Nobel Peace committee could spot, but not India's mainstream parties. It took an AAP. These people have EXPERIENCE, TRACK RECORD, plus HEART, CARE HONESTY & COURAGE.Read her extra-ordinary story here - PeaceWomen Across the GlobeAlok Agrawal, AAP Candidate from Khandwa, MP is an IITK Alumnus, Chief activist working since 25 years for Narmada Bachao Andolan (NBA) in Khandwa.From 1990 to 2000, Alok along with the people of Nimar plains has mobilized numerous peaceful protests against the construction of Sardar Sarovar Dam. Due to stiff resistance from Narmada Bachao Andolan led by MedhaPatkar and Alok Agarwal against the construction of Sardar Sarovar Dam, World Bank undertook an independent review of the project plan. The review concluded the project to be falling short of World Bank policies and guidelines of Government of India. Subsequently, in 1994 World Bank's participation was cancelled by the Government of India.In 2002, Alok along with Narmada Bachao Andolan team was instrumental in procuring a compensation of ₹ 10 crore for the families displaced by the Maandam project. In 2005, Alok and his team won a High Court ruling against the state government which prevented the latter from using the police force and bulldozers in the Indira Sagar Dam area for the displacement of people. The Court ruling also granted a compensation amounting to ₹ 11 crore for the displaced people.Alok initiated Jal Satyagraha, a novel form of peaceful resistance where protesters stand in water, to demand proper compensation and rehabilitation of the families displaced by the Omkareshwar and Indira Sagar dam. These protests bore fruit when the Supreme Court of India, in the year 2011-12, ruled in favor of the displaced people and ordered the government to give "land for land".and the list goes on........................... :))Here are the lists in detailFIRST LISTAshutosh – AAP Candidate, Chandni ChowkOne of the best known faces of the Hindi News Television Ashutosh was deeply influenced by agitation for Janlokpal under Anna Hazare’s leadership. While extensively covering the agitation Ashutosh wrote a book “Anna: 13 days that awakened India”. He’s the only non English TV journalist to get prestigious UN scholarship. Ashutosh will take on Union Minister Kapil Sibal, who represents Chandni Chowk in Lok Sabha.Mukul Tripathi – AAP Candidate, FarrukhabadMukul Tripathi is a specially-abled activist and journalist from Lucknow, Uttar Pradesh. He’s been fighting for the cause of physically impaired people. He’s been awarded with “Shreshth Viklang Karmi Award” in 2009. Mukul will take on Union Minister Salman Khurshid.Baba Hardev Singh – AAP Candidate, MainpuriBaba Hardev Singh retired from Indian Administrative Service IAS. He was one of the most popular and upright civil servants of Uttar Pradesh. He was also President of UP PCS Officers Association. Baba Hardev Singh will take on Samajwadi Party supremo Mulayam Singh.Subhash Ware - AAP Candidate PuneSubhash Ware, a member of the AAP National Executive is one of the most respected names amongst activists and intellectuals in the State. Former Maharshtra president of the Chatrrs Bharati movement, he has been an active participant in numerous agitations both as a student leader and as a member of the Rashtriya Seva Dal. A staunch supporter of the India Against Corruption movement, Subhash believes that public representatives must focus attention on transforming the manner in which public policies are frames and delivered in this nation. Subhash Ware will take on CWG scam accused Suresh Kalmadi in Pune.Dr. Kumar Vishwas, AAP Candidate, AmethiHe is a well-known poet. He has recited his poetry both in India and abroad. Through his poetry he is known as one of the most popular poets of the country. Kumar Vishwas is very popular amongst the youth. He makes some bold and scathing remarks on the social issue through the medium of his poetry. He is associated with the Janlokpal movement right from the very beginning. Dr. Vishwas will take on Gandhi family scion Rahul Gandhi.Anjali Damania - AAP Candidate, NagpurConvenor of AAP Maharashtra, Anjali blew the lid off the 70000 crore perpetrated by the NCP led Irrigation Ministry. She then exposed the complicity Nitin Gadkari, RSS strongman and BJP party president with other parties and their business interests. 45 year old Patholgist, Anjali born and brought up in Mumbai, married and has two children. She is confident that the poster boys of corruption will see their downfall in Maharashtra. This Maharshtrian 'mulgi ' has toured the state extensively in the past year, drawing huge crowds at rallies in every district and it is her efforts that AAP has become a household name in the state. Anjali will take on former BJP President Nitin GadkariSoumendra Dhaka – AAP Candidate, BaghpatA masters in law, will contest from Bagpat, Uttar Pradesh.. His livelihood comes from Law practice and agriculture. He is working for AAP from December 2012. He is involved in resolving the social issues and believes he can be the voice of the people from his constituency. He is inspired by the idea of Swaraj and wishes to make it a reality. Soumendra will take on RLD supremo Ajit Singh.Jarnail Singh- AAP Candidate, West DelhiJarnail Singh is a tireless crusader for the rights of the 1984 anti-sikh riot victims. He was a journalist before joining the movement to get justice for the riot victims. Jarnail will take on Congress MP Mahabal Mishra.Dr. Jiyalal – AAP Candidate, LalganjSr Prinicipal Scientist, 1984 Bhopal men remaining gas men controlling, was rewarded, Maharashtra Sarkar. Mharashtra Sarkar diya tha. 1989 men South Pole par gaye the. Antartic award was there for six month. World Confence for Global warming 71. Unicellular plantsYogendra Yadav – AAP Candidate, Gurgaon.He is a well-known social scientist and Political analyst of the country. He is the Senior Fellow of the Centre for the Study of Developing Societies. Yogendra Yadav is also associated with many National and International forums. For rolling out law for Right to Education, Yogendra Yadav was made a member of National Advisory Council in the year 2010. Yogendra Yadav will take on Congress MP Rao Inderjeet Singh, who’s contesting on a BJP ticket this time.Mayank Gandhi – Aap Candidate Mumbai North WestMayank has been the founder of the India Against Corruption movement and the leader of AAP in Maharashtra. An activist for over 10 years he has regularly confronted local administration on civic issues, an expert on infrastructure issues, he was a member the team that drafted the Nagar Raj Bill and has also contributed in large measure to the formation of the RTI Act. A member of the National Executive of the Aam Aadmi Party, Mayank is spearheading the Lok Sabha campaign in the State and is proving to be a veritable crowd puller, with his gentle demeanour and profound insights on life and on the lack of conviction in public representation. Mayank Gandhi will take on Congress MP Gurudas Kamat.Medha Patkar – AAP Candidate, Mumbai North EastMedha Patkar is a name that needs no introduction, a social activist who has led the struggle for the people affected by the controversial Sardar Sarovar Project on the Narmada River in Gujarat, India. She founded the Narmada Bachoao Andolan and National Alliance of People's Movements and is the recipient of numerous awards, including the Goldman Environmental Prize, Amnesty International's Human Rights Defender's Award and the BBC's Green Ribbon Page on award.an advocate of human rights, Patkar founded her campaigns on two basic tenets in the Indian constitution: the rights to life and to livelihoodMeera Sanyal – AAP Candidate Mumbai SouthWith a distinguished career that ranges from investment banking and micro finance, Meera recently quit her assignment as CEO and Chairperson with the Royal Bank of Scotland to join politics and work towards the best practices and policies that India should adopt to alleviate many of it's problems and challenges. She has formerly worked with ABN Amro, Lazards and Grindlays and in each of her stints, she found herself engaging actively with community programmes. Her work with children and disadvantaged communities she says, has given her valuable insights into lapses in policy and she is hopeful her experience in banking and finance will find expression as a solution provider for the nation. Meera will take on Union Minister Milind Deora.Habung Payeng – AAP candidate, West ArunachalHe is an information commissioner in Arunachal Pradesh and a member of the National Executive of AAP will contest from Arunachal West constituency. He is counted as one of the most strict and adept information officers in the country. Before becoming the Information Commissioner Habung Pyang was actively contributing to social work.Vijay Pandhare – AAP Candidate, NashikAn engineer, former bureaucrat and member of the state level technical advisory committee on irrigation, who has raised several pertinent questions about irregularities in the use of public funds in this sector, Vijay Pandhare has repeatedly locked horns with the establishment over the lack of transparency in modalities, in a career spanning 32 years defined by the highest standards of integrity in public service.In 2013, Vijay blew the lid off an irrigation scam in Maharashtra that is estimated to be about 70,000 crore rupees if not more, leading to the resignation of Deputy CM Ajit Pawar who had held the irrigation portfolio for a decade. His revelations focussed attention on the norms flouted in the grant and administrative approvals of thousands of crores for irrigation projects, the poor quality of delivery by contractors, inflated budgets and irregularities in purchase of materials. Spiritual, his early influences include Sant Tukaram and Dyaneshwar and he hopes to rekindle commitment and integrity in public systems.Alok Agarwal – AAP Candidate, KhandwaA veteran activist of the “Narmada Bachao Andolan” (1990-2014) will contest from Khandwa, Madhya Pradesh. He completed B.Tech from IIT Kanpur. His dream is to provide empower the common man so that no political party may be able to exploit them anymore. He is inspired by the idea of Swaraj. His active involvement in the Narmada Bachao Andolan has helped him realize the struggles of the aam aadmi and encouraged him to dedicate himself to serve the nation through active involvement in politics. He believes that the Andolan must go beyond their present definitions and we must work together with other similar forces to bring about a change in the system.Lingraj – AAP Candidate, BargarhFormer National President of the Samajwadi Jan Parishad will contest from Bargarh, Odisha. He has been a socio-political activist since 1996 and worked for alternate politics. He was part of various farmer related activities and people’s movements in the state. In his words, “I am seeing the anti-corruption aggressiveness and the idea of decentralization as a situation full of possibilities for agitation based parties like ours”.H S Phulka – AAP Candidate, LudhianaAn eminent lawyer who has been handling cases pertaining to the 1984 riots and has been fighting for justice for the victims for the last 30 years will contest from Ludhiana, Punjab. He is strongly committed to free, fair and transparent elections and governance. Union Minister and Congress leader Manish Tewari is the sitting MP from the constituency. Mr. Phulka will take on Manish Tewari in Ludhiana.Khalid Parvez – AAP Candidate, MoradabadKhalid Parvez is a social entrepreneur. He’s been active in the field of education. He will take on Congress MP Mohammed Azharuddin.Yogesh Dahiya- AAP Candidate, SaharanpurYogesh Dahiya is a member of the National Executive of the party. He’s been actively involved in farmers’ movement.SECOND LIST1. Rajmohan Gandhi - AAP candidate from East Delhi, DelhiRajmohan Gandhi is an eminent scholar and journalist. Grandson of Mahatma Gandhi and C. Rajgopalachari, Shri Gandhi is a biographer and a research professor at the Center for South Asian and Middle Eastern Studies, University of Illinois at Urbana-Champaign, USA. He is also a Scholar in residence at Indian Institute of Technology Gandhinagar. He was also the convener of the all-party joint committee of both houses addressing the condition of Scheduled Castes and Scheduled Tribes in Parliament.2. Shekhada Atulbhai Govindbhai - AAP candidate from Junagrah, GujaratShekhada Atulbhai Govindbhai is an engineer by training. He is an active Janlokpal campaigner and leader of Farmers' Land Acquisition Andolan in Junagarh. He is a strong proponent of good governance.3. Naveen Jaihind - AAP candidate from Rohtak, HaryanaAn eminent social worker, Naveen led the movement for Right to Information Act in Haryana and campaigned for Swaraj in the state. He has been organising blood donation camps and body organ donation pledge camps. Under the name “Jaihind” he formed an organisation of students on 15th. August 2006. Naveen has been associated with Janlokpal movement right from the beginning.4.Balwinder Kaur - AAP candidate form Kurukshetra, HaryanaShe is a member of Bhartiya Kisan Union. She was lodged in jail for eight days for her struggle for farmers rights. She is also president of Pharunijattan Mahila Mandal.5. Poonam Chand Ratti - AAP candidate form Sirsa, HaryanaShri Ratti retired from fire brigade department in 2013. He's a well known social worker. He worked tirelessly for the cause of pensioners and safai karmcharis.6. Yudhbir singh Khyalia - AAP candidate from Hisar, HaryanaA retired IAS officer, Sh Khyalia, has done his PhD on "Management of safe blood transfusion" and MA in public administration His name was listed in Limca Book of Records, 1998 edition for organizing “Rakt Daan Jaagran Mela". He was also awarded with "Mother Teresa Memorial Award" and was lected President of Indian Society of Blood Transfusion & Immunohaematology (ISBTI), India in the year 2009.He has been actively involved in total sanitation and literacy campaign.7. Jaisingh Thekedar – AAP candidate from Sonipat, HaryanaHe is an advocate by profession and president of BAR association for last two years. He is an active social worker for last 8 years. He was secretary of Arya Pratinidhi Sabha. He was sarpanch of kasanda village and president of gaushala. He has been involved in the movement against land acquisition.8. Dr. Rajan Sushant - AAP candidate from Kangra, Himachal PrasadHe is ex MP from kangra. He played an active role in Jaypee Pond Dam rehablitation, farmer and worker movements and has been jailed many times during public movements. He was youngest legislature in 1982. He was elected as MP for four times from Himachal Pradesh.9. Bhawna Bhavesh VasnikBhawna Wasnik is a professor of home economics in Amravati and soon this young mother of two will be an inspiration to women in this country, as she takes on the challenge of contesting against established names in the Shiv Sena bastion. Bhavna has worked towards creating awareness about AIDS and conducted programmes for special children. The cause of the nomadic and much maligned Pardhi tribes is close to her heart and she has been working with social workers in the area to design programmes, that will help them generate income and sustained livelihood.10. Sameena Abdulmajid KhanRaising pertinent questions about the abysmal performance of public representatives is a young lady in black robes, Sameena Khan. A lawyer who represents labour unions and others in the labour and industrial courts of Sangli, Sameena is exposed to many of the crucial issues in the area and articulates them vociferously. Born and brought up in Miraj, Sameera believes the youth of this nation must don the mantle of representation and work towards inclusive growth and development , to oppose the indifference and arrogance of established political scions.11. Maruti Sahebraw BhapkarA lone crusader who has long protested against the inability of the government to provide housing for slum dwellers, Maruti Bhapkar is one of the strongest voices against corruption in Maharashtra. A former independent municipal councillor, Maruti has been a vociferous RTI activist who has raised several pertinent questions on the SEZs in the Ratnagiri and Maval regions and led agitations by people displaced and affected by Lavasa. Maruti Bhapkar is the voice of hope that this nation needs, in an era when the nexus between the politicians and the land mafia threatens the life and livelihood of the rural populace.12. Wamanrao SudaishiraoAll are equal but some are more equal observes Wamanrao. A lawyer and relentless crusader against the inequalities of the system and lack of focus on alleviation of inequities, Wamanrao is in the forefront of grass roots movements in Maharashtra. A former member of the Maharashtra assembly, he has strived for better governance and raised the bar in public representation.13. Lalit BabarA strong and resilient figure espousing the socialist cause in Maharashtra is Lalit Babar. Born to agricultural workers in Sangola village of Sholapur, Lalit has a degree in political science and a diploma in journalism. He was deeply influenced by the JP movement and has worked tirelessly to create water resources in the drought prone areas of Maharashtra. Formerly employed with the State Bank Of India, Lalit has always remained connected with community development initiatives and has presented a paper at the World Social Forum in Brazil. As founding member of a dalit organisation that engages with communities in seven states of India, he has focussed attention on developing livelihood for deprived sections especially women, farmers and youth . His vision seeks an awakening among people, through a developmental process based on the founding principles of equality, liberty and social justice.14. Subahsh LomteThe unorganized sector in India continues to be the most vulnerable, devoid of any social security or benefit . Spearheading the movement for rethink and focus on the issues concerning this sector is Subhas Lomte. An activist based in Aurangabad, Subhash has led organisations that work towards mobilising agricultural workers, hamals ( coolies) ,construction workers and domestic workers against social and economic exploitation. He has agitated relentlessly for minimum wages, insurance and financial support from governments for labour in this sector so that they can access the primary needs of livelihood, education and health and ensure a better environment for future generations. Subhash has been a part of the Marathwada Vikas Andolan, Land to the Tiller movement and Dalit Shishyavrutty Wadh Andolan. He has a post graduate degree in biochemistry and is based in Aurangabad.15. Sanjeev SaneLong associated with veteran socialist leader Bhai Vaidya and the Samajvadi Janparishad , Sanjeev Sane is a popular and respected mass leader of Maharashtra. He has over the years,been a part of and led several agitations against systemic malpractices and indifference of local governance to needs of the disadvantaged. He was an active associate of the Jan Lokpal movement and was among the few who believed that the movement needs to find resonance within the political space if it has to be an agent of change and transform Indian polity.16. Nandu MadhavAn acclaimed theatre and film artiste, Nandu Madhav is known for his well defined views on governance and policy. Nandu recently donned the lead role in 'Harishachandrachi factory', India's official entry to the Osacrs in 2010. In the two decades spent in the Marathi theatre milieu and in his travels across Maharashtra, he has experienced the struggles and helplessness of the populace as they struggled to avail of basic livelihood and opportunities and been fuelled by the desire to contribute to systemic change and improving delivery mechanisms. Nandu is best known for ' Shivaji Underground in Bhimnagar Mohalla ' , a play directed by him and which won commercial and critical acclaim . The play busted many myths and is no less than a revelation of the true spirit and values of Shivaji Maharaj as a leader of every community and segment of society, be it the Dalits, Muslims or Hindus.17. Deelip MhaskeA resident of Kandivali in Mumbai, Dilip lost his home, a 10 x 10 tenement in a slum demolition drive several years ago. Since then, this industrious young man has acquired degrees in law, social work and a doctorate from the USA. Born to parents who farmed in Jalna , Deelip's commitment to developing solutions in healthcare and education for the most disadvantaged strata of society is reflected in his work and engagements with civil society . Nominated for the Mann Award , which recognizes innovations in health and human rights, Deelip has transformed the lives of several communities living in five slum tenements of Mumbai. He has also instrumental in advocating land for 18 lakh landless farmers in Maharashtra under the Swabhiman Yojana in 2005. Deelip hopes to raise a generation of Indians who will be equipped to fight for their rights and usher in systemic change.18. Prashant MishraLong troubled by the state of the nation, Prashant is a software professional who has charted a career in software services and management and is now set to apply his skill sets in public representation. Prashant grew up in Vidharbha, studying in local government schools and later acquired a bachelors degree in electrical engineering in India and a masters in electronics engineering in the USA. He and his spouse manage software businesses, with offices in the USA and Nagpur. Prashant has been closely involved in several endeavours in the social development sector and was a part of the Anna movement.19. Aneeta HindoliyaAnita is a dynamic lady in Ujjain. She has a sound family background. She also runs a pertol pump. She has been fighting for poors and women related issues.20. Kailash AwasyaLocal, well educated aadiwaasi community leader; did an MA, tought in a government school and left his job in a couple of years to get involved in anti displacement movement(Narmada Bachao Aandolan). Very highly regraded in his community. It's a rare find because it has not been easy to find community leaders and candidates from ST seats.21. Capt. Abdul Nasir HanfeeHe is a retd. Vir Chakra Prapt Wing Commander. He is originally from Mhow (Indore). He has good management capabilities22. Paras SaklechaParas is a Ex-MLA (Independent). He has raised maximum questions in MP assembly. He has raised VYAPAM issue and malnutrition issue in MP. Has an extremely clean image.23. Khuman Singh ArmoHe is a retd. DSP belonging to Mandla, Who is willingly working as a farmer. He has been very sympathatic to the plight and concerned of his fellow farmers, tribal children and women. He has traveled extensively in rural Mandla district. He is working towards health and education of the poor and tribals.24. Bhagawat Singh RajputB S Rajput has been associated with Party/IAC since beginning. He has a good network with many veteran politicians of MP. He is politically mature and has been working in Vidisha constituency from very long time.25. Dr. Dharamvira GandhiHe is a famous cardiologist in punjab and much appreciated in rural areas. He has been a student activist and been jailed for opposing emergency. He has been a founder and active member of human and democratic rights bodies, while in government services he developed rural health care model and ensured public participation in running hospitals and health care programmes in rural areas.26. Major Surendra Kumar PuniaThe youngest recipient of the President’s award - Vishist Seva Medal in 2013 and a qualified doctor, he will contest from Sikar constituency in Rajasthan. He was involved in counter-insurgency operations in Kashmir and had first hand exposure to the happenings in Kashmir. He was inspired by the Jan Lokpal Andolan and retired from the army to dedicate himself to the service of the nation.27. Ashok kumar JainAshok Kumar Jain is AAP Convener in Rajasthan and is a founder member of the party. He is the first person to implement the Right to Recall in India (in a municipal body in Rajasthan)28. Raj KadyanRetired as Lt General (deputy chief of Army staff) from Indian army. Worked for welfare of Ex servicemen. Formed an organization ISEM for ex servicemen. Fought a battle for one rank one pension for ex servicesmen. Stays in Gurgaon.29. Dr. Muzaffar Bhatt:He is an eminent Right to Information activist, who’s been fighting for the rights of the people of J&K.

Majority are always culprits and Minority are always victims.This is idea on Sonia Gandhi’s Mind when she thought of bringing Communal Violence Bill in 2011, when she was chair person of National Advisory Council and a puppet Government is run by MMs at center.The main agenda of the bill is that if a communal clash is occurred, the victims are always the minority and punishment should be given to majority. And also the powers of State Government is taken away in that matter by center.It is mainly aimed at helping minorities, particularly Muslims in case such as Godra violence.{The enactment of the Bill to address the growing concern of en masse violence therefore assumes considerable significance. However the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011 which has been approved by the National Advisory Council (N.A.C.) regrettably broadens this hiatus rather than addressing the problem. The very definition clauses run on the basic premise that violence can only be deemed to be communal if such a violence is committed by a religious or linguistic majority on minority and not vice versa. There are many other provisions mentioned in the bill which have further consolidated this presumption and which, if implemented, would result into the dispensing of justice, which is essentially preferential in character. These provisions have been elucidated below.Definition of Communal Violence, “Victim” and “Group”:Communal or targeted violence has been defined under Section 3 (c) as any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group, which destroys the secular fabric of the nation. This means and includes that the intention of the legislature is to prevent any act which is against the tenets of secular value in India. However, the very next definition runs in contravention of the principles of secularity which the state endorses. Section 3 (e) defines a “group” which means a religious or linguistic minority, in any State in the Union of India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses (24) and (25) of Article 366 of the Constitution of India.By including only a religious or linguistic minority, the legislature has proscribed a citizen from claiming his equitable share of right if he belongs to a religious or linguistic majority. Of particular significance is Sub Clause 3 (j) which defines a victim who is defined as a member of the minority group only. A pertinent instance could be that in India where Hindu population is dominant whereas Muslim population is a minority, if a communal riot breaks out, then only the members of the minority group can claim their right. So if there were 200 Hindu families which had to suffer the consequences as against 100 Muslim families, then under this law they have no recourse whatsoever.Furthermore, this provision runs on a very flawed assumption which states that “violence” can only be perpetrated by a group of people who belong to a linguistic or religious majority and not vice versa. The objective of any criminal justice system in the world is to uphold the rights of the society and to create a deterrence which is not to be vilified on account of one’s socio, political or religious association. The nature of punishment should be equal for every individual irrespective of what religious order he professes or to which region he belongs to. This provision has mutilated the very canon of criminal law. Why should the nature of punishment vary on account of one’s religious or linguistic predilection? Violence is violence irrespective of whether it is been committed by a Hindu, Muslim, Parsee, Christian, Jew, etc. The imposition of punishment should therefore be the same and should not vary according to these frivolous demarcations.What constitutes “Hostile Environment”:Section 3(f) further talks of what qualifies as hostile environment against a group. It means and includes any intimidating or coercive action by a majority against a minority group by virtue of his or her association with that group and lays down five circumstances wherein the said act can be deemed to be shrouded in the garb of being hostile. However, sub clause (5) creates a very arbitrary standard of relying as to what conduct would result into the creation of this hostile environment. The clause lays down that it would include any other act, whether or not it amounts to an offence under this Act that has the purpose or effect of creating an intimidating, hostile or offensive environment. This clearly brings in a state of ambiguity as to which acts would precisely fall under the ambit of this Act. Therefore it may also include a speech, a work of art like a picture, music or video clippings which may have the capability of creating an intimidating, hostile or offensive environment. }(1)For sheer gall, there’s nothing to beat the draft Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011. If allowed to become law in its current form, it will not only exacerbate communal ism, but also destroy the foundations of our federal structure. Here are nine reasons why the bill must be jettisoned lock, stock and barrel and a new drafting committee comprising all major political parties set up in its place to prepare an alternative.First, it is surprising why an Un elected body like the National Advisory Council (NAC), which is home to Sonia Gandhi groupies, was allowed to draft a Bill that is so crucial to communal harmony. This is a Bill that requires a national consensus, and getting a bunch of Congress-leaning activists to masquerade as the voice of civil society is nonsense.Second, the Bill is itself communal in nature. According to a key definition on the people who are presumably the focus of targeted violence, “group” means a religious or linguistic minority, in any state in the Union of India, or Scheduled Castes and Scheduled Tribes (SC/ST)….”. If you take away that fact that religious minorities and the SC/STs between them account for over 40% of the total population, the Bill cleverly posits that the other 60% (which may include upper castes Hindus, other backward castes and some miscellaneous groups) are the only people capable of targeted violence. Are we saying 40% can never target 60%, given that these numbers are distributed all over the country?Take the case of Punjab and Kerala. In Punjab, the Sikhs constitute a slim majority of the population, but with an SC/ST share of close to a third (and, therefore, excluded from the definition of people who can target violence against some group), we have the situation where the majority (Hindus and SC/ST Sikhs) is supposedly being targeted by upper crust Sikhs (the majority minorities). This is hilarious.The same in the case in Kerala, where the nominal Hindu population is around 55%. But when you take the SC/ST population out of the Hindu total, Hindus are by no stretch of imagination the majority, according to this Bill. So a minority (Hindus minus SC/STs) will be targeting other minorities.Clearly, the Bill is not meant to tackle communalism, but to divide the people further into majorities and minorities, with only the latter being privileged enough to be considered a victim of targeted violence.Third, the NAC draft is clearly driven by just one – admittedly important – case of communal violence: Gujarat in 2002. Any law that is drawn up on the basis of one outlier incident is likely to be draconian and foolish. The Bill is clearly targeted against the Sangh Parivar (no quarrel with that, as long they weren’t the only ones targeted) when the objective should be to prevent communal violence of any kind. But were the 1992 riots in Mumbai and the 1993 blasts the result of Hindu conspiracy? Were all the blasts that took place in India the last decade (barring the ones perpetrated by a bunch of extreme Hindu organisations in Malegaon) the result of upper caste violence against the minorities or the reverse? Let's also not forget that the country's worst communal riots did not happen during BJP watch (Gujarat in the late 1960s, and the 1984 anti-Sikh riots). The only case of gigantic ethnic cleansing in India happened in Kashmir, where the majority drove out the Pandits (albeit with help from across the border).Fourth, the NAC draft Bill, if it is passed like anything in its present form, will destroy the federal character of the Indian Union. Law and order is a state subject, and so any law that seeks to take this right away and shift it to the Center is unconstitutional. If passed, the law will stoke the fires of sub-regionalism since regional chauvinists will cite the reduction of state powers as reason to advocate secessionism. It will create Kashmirs out of every Indian state that is not ruled by the Center.Fifth, the Bill will seek to create a National Authority of Communal Harmony, Justice and Reparation (NachJar) with a seven-member panel that will effectively be unaccountable to anyone. It is supposed to be selected by a panel that includes the Prime Minister, the Home Minister, the Leader of the Opposition in the Lok Sabha, and nominees of all the national political parties (there are seven of them – Congress, BJP, CPI, CPM, BSP, RJD and NCP). It’s not clear if the Congress and BJP will have additional representation (from the party side) since they already have ex-officio seats as PM, Home Minister and leader of the Opposition in the Lok Sabha.Since the selection of NachJar will be my majority vote, all the Ruling Party needs is an understanding with three of the other members to pack the Authority with its own choices.But once in office, it will be almost impossible to oust any member since they can be removed only by a presidential order, and that too on grounds of proven misbehavior or functional incapacity and that, too, after a detailed inquiry is held. No member can be removed for partiality or failing to do his duty. Since four of the seven members have to be women and one a member of the SC/ST, it is anybody’s guess who will dare take them on.In short, we will have a NachJar that is essentially unelected, unaccountable, and unmovable.Sixth, the Bill will facilitate central intervention against state governments that are from opposition parties, says columnist Swapan Dasgupta. Consider this situation. A few years ago, there were a few attacks on churches in Karnataka. The Yeddyurappa government was slow in responding to the threat initially, but soon he made amends. If an HR Bharadwaj were the arbiter in this case, it would have been goodbye Yeddyurappa. One is not holding a brief for the Karnataka Chief Minister, but surely the center cannot act in an area where it is not empowered to. A clause in the Bill also says that the provisions will apply to all states barring Kashmir, where it needs the special permission of the state government. That’s because of Article 370. But shouldn’t elected governments be shown the same consideration in other states? The jholawalas of NAC appear to have decided that since they can’t dismiss inconvenient governments at will due to the lack of a Rajya Sabha majority, the Communal Violence Bill should come in handy. They have neatly avoided all centre-state issues by pretending that communal violence is beyond the law.Seventh, the Bill seeks to bring in through the back door the doctrine of “command responsibility”, makes clear. This is the route through which the secular mafia tried to bring Narendra Modi to book, but if this idea is to be taken to its logical conclusion, we should accept that Manmohan Singh and Sonia Gandhi were responsible for the 2G and Commonwealth scams. One is the Prime Minister and the other his party boss and remote-control holder. But everyone is busy singing their praises in the face of the worst corruption scandal in Indian economic history. The doctrine of command responsibility does not sit well with the idea of decision-making errors. A wrong decision can be taken by any minister or bureaucrat several times in his career. There may even be political compulsions, and the Congress is fond of telling us. Unless we want to bring all decision-making to a halt, no one will take any risks. We will do everything by the book, and the country will go down the drain from decision paralysis – which is what is happening to the Manmohan Singh government in the wake of all the publicity given to the 2G scam.Eighth, the Bill puts civil servants squarely in the firing line. While there is no doubt that civil servants who don’t do their duty (examples are Gujarat, the anti-Sikh riots of 1984, the 2G scam, and West Bengal’s Nandigram fiasco), there is only one measly clause saying no public servant shall be prosecuted for actions taken in good faith. But clause 13 gives the game away by listing a whole host of crimes that civil servants may be hauled up for under the head “Dereliction of duty.” They do not even have a co pout saying they were following orders, for they have to judge if the orders were lawful or not – a difficult decision to make in the fog of a crisis situation.Now, try and apply this situation in Kashmir, where stone-pelting mobs are damaging property and don’t heed the call of the police. What is the right decision that a politician or civil servant will take? If he fires and saves the property, it may be called excessive use of force. Or even communal bias. In Gujarat, keeping quiet when the mobs were burning and killing was not an answer. But in Kashmir it is fine, is it?Ninth, here is a simple issue: majority and minority are contextual. One may be a minority in one context, and a minority in another. Hindus may be a majority in India, but a minority in Kashmir or the north-east. But even within minorities, there are further minorities. The apostate, the gay, women rights activists, and modernists are all minorities within minorities.The bottomline is this. This is not a Bill drafted in good faith. When you have cherry-picked the categories you want to nail through the Communal Violence Bill, is it any wonder you have come up with a definition that fits the Congress’ political rivals?}(2)But the above bill was not passed and Sonia Ji could not help Indian Muslims as desired.1.The Ugly Truth behind the Communal Violence Bill, 2011. Please forward it to as many people as you can2.9 reasons why the Communal Violence Bill is itself communal - Firstpost

The special status of Jammu and Kashmir (and now it’s abrogation) can be explained by checking the legal aspects of the following documents:1. Indian constitution(Article 370,35A,Appendix 1 and 2)2. Jammu and Kashmir constitution3. Instrument of accession4. Presidential notification on article 3705. Jammu and Kashmir reorganization bill 2019Hope you enjoy this.As you can see, there is a door. On one side of it is India and on the other side of it is Jammu and Kashmir. The wall is made of constitution (applicable to Jammu and Kashmir order 1954, which in turn includes the ‘unconstitutional’ 35A) and the door is article 370.The Indian side has two members who have the power to pass through that door1. Parliament2. Indian PresidentThe Kashmir side has to answer the door, they have1. Kashmir legislature2. Kashmir Governor (earlier sadar-i-riyasat)So let’s start,1. What was the need for such a ‘door’?Ans: When India became independent in 1947 as an Independent dominion, it also made independent 565 princely states along with British India (refer Indian independence act). These states had 3 options- to accede to India, to accede with Pakistan or remain as an Independent kingdom.Many kings chose among them, under Iron Man Sardar Patel we could unite our Land as the Indian Union. This was done by signing an accession treaty, called INSTRUMENT OF ACCESSION. This was the will of the king- no voting or plebiscite had to be done by the subjects- to join the Indian Union.Kashmir was an exceptional one- it had a peculiarity of a Hindu ruler over a majority Muslim subjects and the ruler wanted to remain independent. So the map of India didn’t have Kashmir (until October 1947).Pakistan had eyes on Kashmir but since it had a Hindu ruler, they figured he may not just accede to Pakistan and once they found out that he won’t accede to India too, they began training militant groups to revolt and seize Kashmir from the king. A war was under place.The king understood that he will lose the war and Pakistan will overthrow him- he requested his neighbor India to help him fight Pakistan. The distress call fell on Prime Minister Pandit Jawaharlal Nehru and then Governor General Lord Mountbatten.India agreed to help on one condition- Kashmir should accede to the Indian Union, which the King agreed “on certain conditions” and Indian army was on Kashmir soil, fighting Pakistan militants, as Kashmir became an integral part of India.Nehru decided to seek international help in Kashmir issue- he went to the UN without consulting the Parliament or the President.- the UN which was controlled by US, a friend of Pakistan then, asked for1. Complete demilitarization of Kashmir2. Plebiscite/referendum conducted among people of Kashmir whether to stay with India or Pakistan.Which contradicted the Instrument of accession and we were nicely fooled (thank you)!A separate constituent assembly was formed in parallel with our constituent assembly to define the relation of Jammu and Kashmir with the Union of India. They drafted the Constitution of Jammu and Kashmir and simply said “JAMMU AND KASHMIR WILL BE AN INTEGRAL PART OF THE INDIAN UNION”(wow)- This was on November 1956.But our constituent assembly had proclaimed India as a sovereign territory in 1950 January. So it meant no outside opinions need to be taken on matters which are under diplomacy of the Indian Union. This was again in contrast with UN intervention.So as a solution to this problem, until Kashmir issue is solved in the UN(thanks to then Prime Minister), our constituent assembly decided to give Kashmir a ‘special’ status which was ‘temporary’-which barred the Indian constitution in being valid in Kashmir unless through a DOOR- that door is article 370.2. HOW DOES THIS DOOR (ARTICLE 370) WORK?ANS: This door is the path by which Indian laws and constitution are made applicable to Jammu and Kashmir. Indian side has one constitution and a penal code(IPC) and procedure ( CrPC and civil laws) and Kashmir side has 2 constitutions and a penal code(ranbir penal code) and civil laws.Article 370 says how Indian constitution can be applied to Jammu and Kashmir1. Article 1 and Article 370 are applicable to Jammu and Kashmir (what about the other articles? Wait, 370 will say)Article 1- India that is BHARAT shall be a union of statesThe ‘states’ are specified under First schedule of the Indian Constitution and J&K is the 15thstate in the Indian Union2. Article 238 does not apply to J&K( what is article 238- part B states )Fun fact: there is no article 238 in the Indian constitution (after 237, constitution moves to 239). It was removed by 7thamendment of Indian constitution on 1956. (That trouble is over!)3. The power of parliament is limited to 4 areas specified under Instrument of Accession:a. DEFENSEb. EXTERNAL AFFAIRSc. COMMUNICATIONd. ANCILLARY(Read on boys, explanation follows)4. On other matters of the Instrument of accession, the President has to make an order, on approval of the Government of J&K. (at that time it was the king)5. All other articles of the constitution shall apply with modifications as the President says, with the approval of the state(except a,b,c,d all other matters need the approval of state and it may be modified)6. Also the approval of the constituent assembly is needed(this was of no importance in as the constituent assembly(J&K) dissolved in 1956 and they stated that J&K was an integral part of India)FUN FACT: Nowhere in the Jammu and Kashmir constitution says about article 370 (wow again)7. The president can remove, modify and change any provisions of article 370 by consulting the constituent assembly.Explanation: Article 370 does not come under article 368(power of parliament to amend the constitution of India). So parliament cannot change, modify or remove article 370. Only the President can do it.( he did it twice, I will explain it in this article)Any other article/law has to pass the door- so the President knocks the door and he is answered by the Kashmir government. If they wishes to apply the article president is welcome and it is passed in J&K assembly. If they don’t like it- it does not apply to J&K but applies to ‘rest of India’.(president can go back)The parliament doesn’t need to knock the door for a,b,c,d. they can simply walk in and out(even kick the door open) but for all other provisions they need the president to help them pass the 370 door.SCENARIO 1:(Knock knock)J&K: Hello Mr. President, what do you want to pass?Indian President: I want the Fundamental rights and fundamental duties to be valid in J&K (part 3 and 4 of the Indian constitution)J&K: OK you can pass 370- fundamental rights and duties will be applicable to J&K.SCENARIO 2:(knock knock)Hello Mr. President, what do you want to pass?“I want to pass the GST bill”You will have to wait for approval.(After one week)Okay Mr. President, GST is applicable to J&K.GST- Goods and Services tax took extra 1 week to implement in Kashmir.SCENARIO 3:(knock knock)Hello Mr. President, what do you want to pass?“I want to announce financial emergency under article 360”Sorry Mr. President, financial emergency can be valid across rest of India but not here. You may leave.THUS, one by one, law by law each provision of the constitution had to pass through 370. Some didn’t pass. Many Indian laws were not ‘applicable to J&K’ due to this constitutional wall.Indian constitution was ‘different’ in J&K and the rest of India. Some articles had modifications and changes on two sides of the door.3. How did Kashmir become an Integral part of India?ANS: It became an integral part through the INSTRUMENT OF ACCESSION signed between Maharajadhiraj of Jammu and Kashmir and Mountbatten of Burma (Governor General of India) on 27 October 1947.It had certain conditions (go on, do you think anyone would read your article)a. I, Shriman Inder Mahendra Rajarajeshwar Maharajadhiraj Shri Hari Singh Ji, declare that I accede to the dominion of India, with certain conditions (well done sir).b. The central government can make laws on those matters which I say for this state, and for all other matters, they need to be in agreement with the ruler of this state(that’s me folks)c. The conditions in this accession treaty cannot be changed except by me. No amendments can change this(tactical move)d. If the central government wants to acquire some land (IN J&K) for any purposes, they need to consult me and I will give it to them on an agreement that is overseen by a person appointed by the Chief Justice of India.(wow)e. Don’t think that I am committed to any future constitution that you make- I will continue to make arrangements with the Government of India(once a king, always a king)f. I will continue my sovereign rights over this state.(king indeed)(Thank god he is no more)4. What are the laws that parliament can directly make (directly pass through the door without asking)?ANS: a. defense-military, naval, air forces of India and all other armed forces, their administrationb. external affairs- treaties and agreements with other countries etc, emigration, admission etc and NATURALIZATION.c. communication- post, telephone, wireless, broadcasting etc, railway, marine shipping, ports etc.d. Ancillary- Elections, offenses against laws, Judiciary(High court).5. Okay, so what was ‘unconstitutional’ about Jammu and Kashmir?ANS: What was so special about Kashmir- It had it’s own constitution, Flag, citizenship and citizen rights along with Indian rights and their legislature was elected once every 6 years( rest of India is 5 years).It had two houses in their legislature.Kashmir Flag would be hoisted in equal respect as the Indian flag on government Institutions.Up to 1954, they didn’t have the constitutional institutions like Election Commission, Supreme Court etc. It was provided to them by a constitutional amendment, called Constitution (applicable to Jammu and Kashmir) order 1954 May- which extended the fundamental rights and duties too, but with an extra article, called article 35A.Any amendment to the constitution can only be done by the Parliament by article 368. First the bill has to be presented in the Lok Sabha/Rajya Sabha and has to be passed by both houses with a 2/3rd majority. Then it is the President who issues order to amend the constitution.Also if you want to amend:a. article 54(election of President), 55(Method of election of Indian President), 73(extent of executive power of India), 162(executive power of a state), 241(High Court for Union territories)b. 7th schedule (union list, state list, concurrent list)c. Representation of a state in Rajya Sabhad. Chapter 4 of Part 5(Judiciary-supreme court), Chapter 5 of Part 6(Judiciary-High court), Chapter 1 of Part 11(relation between center and state)e. Article 368 itselfHas to be passed by at least half the states in the Indian Union by the legislatures of the states.This is the only way in which you can change the Indian Constitution.BUTNone of these steps were followed when Indian President issued the Constitution order in 1954, which applied Indian constitution with amendments to J&K. The bill for amendment was never put in neither Lok Sabha nor Rajya Sabha. It was unconstitutional and you cannot find article 35A in Indian constitution (if you look between article 35 and 36)!Instead article 35A was included in the Appendix of the constitution, along with the unconstitutional amendment.So, The president applied by virtue of article 370 an amended Indian constitution on J&K. That amendment itself was unconstitutional so by virtue of that, the application of Indian constitution also became unconstitutional.Simply, everything except article 1 and 370 became unconstitutional from the side of J&K.6. What was article 35A?ANS: It was inserted in the Indian constitution to save the rights of Permanent Residents of Kashmir.(Kashmir citizens)Only those with PRC (permanent residential certificate) issued by J&K government hada. Government Jobsb. Right to propertyc. Right to settlement in J&K.d. Right to scholarships and aids of state governmentIt bypassed our fundamental rights for Kashmiri citizens. It was like Indian Citizens had no rights in Kashmir.7. So who are permanent residents of Kashmir?ANS: Anyone who is and will become citizen of India shall be eligible for Kashmiri citizenship (PRC), if he/she satisfies certain conditions, under part 3 of Kashmir Constitution.a. He was a state subject (under maharaja)b. He has property in the state and has been staying in J&K for 10 years.c. If he had migrated to Pakistan and has now returned for resettlement under state government (who migrates to Pakistan from Kashmir after partition and returns back?)The state can define who are the Permanent residents and can confer special rights and privileges and modify those. (2/3rd majority of the state is required for altering PRC).Persons with PRC will have all the rights under Indian Constitution.8. What is the problem with this special rights?Ans: They could bypass the fundamental and basic structure of our constitution. Kashmiri women, a state subject, if she marries a non-Kashmiri, she remains in PRC only if she stays in Kashmir and loses it if she moves out of Kashmir and her children were not eligible for PRC.(Maharaja’s proclamation in April 20, 1927).This was not applicable for Kashmiri men marrying non-Kashmiri women.Also, a widow loses her PRC rights if she moves out for settlement from Kashmir, and her children too.Dalit (valmikis) were brought by Kashmir government to Kashmir valley in 1951 for sweepers and cleaners in Jammu municipality. They would never get PRC and their children too couldn’t never apply for any job except sweeper in Municipalities.Public Institutions and Jobs were reserved for Kashmiris (PRC) only. Other Indians had no right even to buy property and settle there.Sharia law was applied to women in Kashmir. The Muslim personal law (Sharia) Bill was passed by both houses of the Legislature in 2005.West Pakistan refugees and gorkhas from Nepal also were in Kashmir but was never given PRC.The list went on.None of the above groups hada. Property rightsb. Employment rightsc. Election representationsd. Admission to state jobse. Scholarshipsf. Rationsg. Voting rightsSo Dalit community was deprived of all these rights (along with other Indians too).J&K had no reservation for minority communities- SC/ST had reservation in educational institutions only(no representation in elections). There was no reservation for minorities. That act had to be amended to even include 10% economic reservations.No business firms could be started by ‘Indians’ in J&K.CAG (comptroller and auditor general) was not applicable.National symbols were double, so disrespecting one (Indian) was not seen as a serious crime.No rights for Panchayat Raj.Presidential rule cannot be imposed-only sadar-i-riyasat (Governor) rule could be imposed.If one was a Dalit and had an MBBS degree, the highest government job he/she could apply was for that of a Safai-karamcahari( sweeper/cleaner) as PRC stopped them from attaining government jobs.Even the Supreme Court was helpless at the denial of basic rights as it said for Bachan Lal Kalgotra vs the State of Jammu and Kashmir. Even after staying for 40 years as legal immigrants, the people were not given PRC so they couldn’t get any property in the state, no scholarships, no government jobs other than sweeper/cleaner, no right to vote and representation.Everything would have been justified if the special rights went to the hands of the right people. But J&K had something else in mind.Almost 5 lakh Kashmiri Pandits were thrown out of Kashmir and deprived of PRC during the exodus of Hindus from 1985-1995. Radical Islamic terrorists gave them 3 options to Pandit men-1. To convert to Islam 2.die 3.leave Kashmir(and never return)As the exodus was going on, Kashmir assembly had passed Jammu and Kashmir Resettlement Act, 1982.9. What was the resettlement act in J&K?ANS: The Jammu & Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982 or the Jammu and Kashmir resettlement act was an act aimed to give PRC to Muslims from Xinjiang, Tibet and Pakistan.The act was passed stating the reason that section 6 of Kashmir Constitution gave rights for Muslims who migrated to Pakistan from Kashmir and once they return, they would be entitled for Kashmiri citizenship and those people having their property would have to pay them compensation as fixed by the magistrate.This was done amidst the Hindu exodus and 1.5 million people(dalits and immigrants) were deprived of PRC. The message now was loud and clear- Kashmir belongs to ‘us’.10. How was it done ‘constitutionally’?ANS: Section 6 of Jammu and Kashmir constitution had a very special clause which said that any person who was a state subject of Kashmir before 14 may 1954 and have migrated to Pakistan after 1 March 1947, upon returning for resettlement, shall be provided PRC by the state.It was very clear that Muslims migrated from Kashmir to Pakistan after partition when Kashmir decided to accede to Indian Union. If they were coming back, they would be given PRC but that was not the only problem.The same section 6 had a very dangerous provision- any person who is a citizen of India or is deemed to be a citizen of India shall get PRC according to the conditions- so it was clear- you may become an Indian citizen in near future, you are a Muslim from Pakistan and has come back to Kashmir- you get PRC- that was the result of the section 6 plus the resettlement act 1982.Indian constitution had sensed the danger- so it had article 7 which said that if you are from Pakistan ( you had migrated after March 1947), you will not be considered as a ‘deemed citizen’of India.BUTIndian constitution was amended unconstitutionally (only for J&K) in the order of 1954 and it said-every such person will be a deemed citizen of India- making it easy for Muslims from Pakistan to get PRC.And they got special rights that no Indian citizen living in other parts of the country and the minorities living in J&K ever had.Judiciary was ‘helpless’ in Kashmir.The resettlement brought 2 things- one a major Muslim vote bank and two, an increase in radical Islamic militancy in the state.Let’s look at how the vote bank functioned.It was stated in the constitution (applicable to J&K) order 1954(Appendix 1 of Indian constitution) that Kashmir would be divided into electoral constituencies based on the Delimitation Act of 1972.It also said that state constituencies would not have the areas illegally occupied by Pakistan.This had a major vote share going to Kashmir valley. The delimitation commission act was revised in 2002 and it deleted the act of 1972, but it was not applied to J&K (the door was shut before the President).Also it was put in section 47 of J&K constitution that until and unless a census is done in 2026, there is no need to readjust the constituencies of J&K.11. What is the Delimitation Act?ANS: The act that determinesa. The number of seats in the Lok Sabha from each state.b. The number of seats in the Legislative Assembly of each states and Union Territories with legislatures.c. The division of seats, based on geography, administrative units and public convenience.The delimitation Act of 2002 was not made applicable to J&K to retain the legislative voter share of 1972- which ensured that Kashmir valley would have a major share in J&K assembly.Thus, the basic ideas and fundamental provisions of our constitution was being violated and IT WAS TIME FOR THE JUDGEMENT DAY- The special status had to go. But that was not easy, and it had to be done ‘constitutionally’.12. Why was removing the special status difficult?ANS: Removing special status means making Kashmir just like any other state in India- their constitution, flag and all other special provisions had to be dealt withAndTheir special status could only be removed using the same article that gave them the status- 370. It had 3 problems a,b,c.a. It requires the recommendation of the constituent assembly-But the constituent assembly of J&K was dissolved in 1956 and they recommended that Kashmir be an integral part of India. None of the members in the assembly are alive today.b. Removing special status meant applying full Indian constitution-That required every bill to be validated by the Kashmir legislature and the consent of the Kashmir legislature was necessary to remove the special status- which they NEVER agreed.(Which means if the parliament has to change the name, change the area, remove special status or divide the state into union territories (article 3), they needed the consent from the state legislature).c. Kashmir High court once observed that article 370 had achieved a permanent status in the constitution and was beyond abrogation.13. The question is clear- how was 370 abrogated then?ANS: FUN FACT- article 370 was NEVER abrogated. It was only amended to make some changes.(Brother, if you abrogate article 370, you can never take away the special status).Problem c is over.14. What about the consent of the constituent assembly?ANS: The constituent assembly of J&K was dissolved in 1956 and they recommended J&K to be an integral part of India. Their consent was never taken in any future amendments applied using 370.So, you are saying this was not the first time it was done without their consent-YESa. 19th, 21st, 23rd, 24th, 25th, 26th, 30th, 31st, 33rd, 38th, 39th, 40th, 52nd, 61st amendments of the Indian constitution( all these are after 1966- constituent assembly was dissolved then) was made applicable to J&K with such exceptions and modifications by the concurrence of the Legislature of the state but not the constituent assembly. Still, it was legal.b. Jammu and Kashmir constitution 6th amendment act 1965 replaced the word sadar-i-riyasat as ‘Governor’ of J&K. It was done using article 370, without the consent of constituent assembly and it was legal.Congratulations- problem a and c are over. Now moving to b.15. How could you obtain the consent of the state Legislature since they never agreed to remove their special status?ANS: This can be viewed from the eyes of BJP/PDP (Peoples Democratic Party).BJP wanted to remove the special status- for that they needed to win Kashmir Assembly elections.It was impossible for a party to win assembly elections in J&K without a hold in Muslim vote bank of the state (BJP fails miserably there)So, they formed an alliance with PDP.AndIn 2014 Assembly elections (11th assembly elections of J&K), PDP won 28 seats and BJP won 25 seats. (Well done, now you remove the special status).The assembly of J&K consisted of two houses- Legislative assembly and legislative council.The Legislative assembly had 111 members.24 seats were kept vacant for the members from POK (Pak occupied Kashmir)Legislative Council had 36 members, out of which 11 was selected by the Assembly, 8 nominated by Governor, 1 member from Municipal councils of Jammu, Kashmir etc.As expected, PDP never agreed to remove the special status and the alliance broke, and nobody was in power- so as per article 92 of J&K constitution, Governor Rule was imposed in the state.PLAN A of BJP – Form government with PDP, remove special status (failed miserably)PLAN B of BJP – There was no plan B, as they couldn’t win independently there. (Again failed miserably)So, it was almost certain that special status could not be removed in J&K.( I apologize to my readers)16. Then how did you take away the special status?ANS: Article 92 of Jammu and Kashmir Constitution. It was called the Breakdown of constitutional Machinery. (Simply Governors rule)a. In case there is an absence of Legislature in the state (the situation when nobody is there to rule the state), the Governor can assume himself of all powers of the state Government.b. All powers except the High Court of Jammu and Kashmir can be taken up by the governor.c. Such Governor orders have maximum duration of 6 months- if he wants to extend it has to be done by issuing another order.d. If the governor makes any orders as the state government, it will have an effect of 2 years and 6 months normally and have to be replaced by Legislature order to continue the effect.e. All the orders of the Governor has to get approved by the President of India.f. All governor orders will have to be placed before the Legislature, once it is formed in future.So you get it, do you?In the absence of a state legislature, the Governor is assumed to be the State Government.ANDIf he wishes to remove the special status, it can be seen as the ‘wish’ of the Kashmir legislature as long as there was absence of Legislature in the state. Now a new plan, called Plan C was undertaken by BJP.Article 27 of J&K constitution clearly says that the Governor shall be appointed by the President of IndiaAndHe will be the Executive head of the state (article 26)Jammu and Kashmir Governor issued an order on 20 June 2018 under section 92 of the Kashmir constitution imposing Presidential (Governor’s) rule in the state. The state legislature was completely dissolved on 21 November 2018 (nobody could get a majority).After 6 months, on 20 December 2018, the duration was over- Then Indian President under article 356, issued Presidential rule in J&K.Presidential rule expired on 2 July 2019, and it was further extended by the Parliament for another 6 months, where the Judgment day occurred.17. What is article 356?ANS: If the President gets a report from the Governor that Breakdown of Constitutional Machinery has happened in a state, he cana. Take all the powers over the state as the Government of the state.b. All the powers of the state government will be transferred to the Indian Parliament.c. The president can take all powers except the power of the High Court of the state.d. All the Presidential orders has to be placed in Indian Parliament, and passed by both Houses.( if not, it will be invalid after 30 days).e. All orders issued by the Indian President as the state Government will have a duration of 6 months, and it can be continued for another 6 months and go on up to 3 years if parliament agrees.YOU REMEMBER THE DOOR, RIGHT?One side it was Jammu Kashmir legislature and governorOther side it was Parliament and President.NowThere was an absence of Legislature and its powers shifted to the Governor, which in turn shifted to the President and the Parliament of India.Simply speaking, both sides of the door had Indian President and Indian Parliament.But before that, we needed to trial run our PLAN C.THE TRIAL RUN:On January 2019, 103rd Amendment to the Indian Constitution bill was presented at the parliament. The amendment was for providing 10% reservation for EWS (Economically weaker sections) of society in Central Government institutions and Central Government jobs.The conditions were:a. Annual gross household income limit is Rs. 8 lakh per annum.b. Family should not own more than 5 acres of land.c. House should not be over 1000 square feetd. A plot should be less than 100 yards in Municipalities and 200 yards in non-municipalities.e. SC/ST/OBCs are not eligible for EWS reservation.Some state governments too implemented this EWS reservation. Kashmir was one of them.But at the time of implementing the amendment, there was no state legislature in Kashmir (The state was under Presidential rule).The Governor, on behalf of the President, passed the amendment which was to be passed by the Kashmir legislature.That was a trial run.If it was legal and constitutional, then the amendment to remove the special status can also be passed by the Governor, on behalf of the President as the Executive head of the state.To our surprise,It was legal and 10% reservation for EWS was implemented in J&K.The trial run was a success.The JUDGEMENT DAY arrived.(Knock Knock.)Governor of J&K alias President of India: Hello Mr. President, what do you want to pass through 370?President of India: I want to apply entire Indian Constitution to the state of J&K.Governor of J&K: But sir, for that you would need to destroy this door.President of India: There is no need of that, it can be done without destroying the door.Governor of J&K: How?President of India: Destroy the wall(BOOM)And finally, the place looked like this:The entire wall (constitution applicable to J&K order 1954) was destroyed but the door, article 370 was kept in place. Every condition was satisfied, every elements and moves were ‘constitutional’, and the entire process was completely legal. This is how you utilize the loopholes in the constitution.18. How did the President modify 370 to apply Indian constitution?ANS: On 5 August 2019, Indian President issued a notification known as the Constitution (Application to Jammu and Kashmir) Order using article 370, along with the concurrence of the state government (Governor)a. It replaced the Constitution(Application to Jammu and Kashmir) Order 1954 (The wall was destroyed)b. All the articles of the Indian Constitution was applicable to Jammu and Kashmir with 2 modifications- article 367 and 370 was modified with the consent of the State, and parliament.c. In article 367, references to sadar-i-riyasat was changed to Governor and ‘Government’ was to be considered as Governor of State.d. Article 370- the word “constituent assembly” was replaced with “legislative assembly”.Thus, all loopholes were closed and Kashmir ‘constitutionally’ and ‘practically’ became an Integral part of the Indian Union. All special rights and privileges were abolished and since there was an absence of Legislature, the powers shifted to Parliament.19. How was Kashmir divided into 2 union territories?ANS: Under article 3 of the Indian Constitution, the parliament cana. Form a new state from a state(Andhra-Telengana)b. Unite two or more states or part of states or add a union territory to a state or divide a state into union territories.c. Increase/decrease the area of a state, change the boundaries and name of the state.ANDIf c is involved, then the bill has to be moved to the state Legislature by the President for expressing the states opinions as long as the President wishes to.Thus using article 3, The Jammu and Kashmir Reorganization Bill was introduced in the Parliament on 8 August 2019.20. What was the conditions of the reorganization bill?ANS:a. Union territory of Ladakh was formed by uniting Kargil and Leh districts of J&K.b. All remaining districts of J&K would form a new union territory called Union territory of Jammu and Kashmir.c. J&K Governor was appointed as the Lieutenant Governor (Administrator) of Union territory of J&K and Ladakh.d. 4 Rajya Sabha MPs from J&K would continue as representatives of Union territory of J&K.e. 5 Lok sabha seates will be for UT J&K and one for UT Ladakh.f. Lok Sabha MPs from J&K would continue.g. UT J&K would be like UT Puducherry, under article 293A(Union territory with a legislature)h. UT J&K will have 107 members- out of which 24 remains vacant until POK is merged.i. SC/ST will have seats reserved in UT J&K elections.j. 2 women can be nominated by Lieutenant Governor to UT J&K.k. The period of Legislative assembly shall be 5 years. There will not be a Legislative Council.l. Delimitation Act 2002 will be applicable and constituencies will be based on 2011 census. CAG will be applicable to both UTs.m. High Court of J&K would be the common high court of both UTs.21. What was the need for a reorganization?ANS: The statement of objects and reasons of the bill says why it was needed to divide the state into 2 union territories:a. Ladakh is large in area but sparsely populated with a difficult geography. There was a long demand by people of Ladakh to make it a UT.b. Internal security, cross border terrorism are the issues behind creation of UT J&K.The laws that are now valid in UT J&K and UT Ladakh:1. AADHAR Act 20162. Code of civil procedure 19083. CrPC 19734. Consumer protection Act 19865. Dissolution of Muslim Marriage Act 19396. Dowry Prohibition Act 19617. Family Courts Act 19848. Hindu Adoption, Maintenance Act 19569. Hindu Disposition of Property Act 195610. Hindu Marriage Act 195511. Hindu Minority and Guardianship Act 195612. Hindu Succession Act 195613. Christian Marriage Act 187214. Muslim Personal Law(Shariet) Application Act 193715. Muslim Women(Protection of Rights on Divorce)Act 1986.16. National Commission for Minorities Act 199217. National Commission for Minority Educational Institution act 200518. National Security Act19. Prohibition of Child Marriage Act20. Protection of Children from sexual offences Act21. Indian Penal Code(IPC)The list goes on and on. If you want to have the complete details of such laws you can refer Jammu and Kashmir Reorganization Bill 2019.Scrapping the special stats was indeed constitutional.In this article, I have tried to cover legal aspects of the special status of J&K and it’s abrogation. The political history of Kashmir and border issues with our neighbors are not discussed in this article. I hope to write another article explaining the political history of Kashmir.My references were the documents mentioned in the beginning, Hindu newspaper and I got many corrections and clarifications from Dr. Subramaniyan Swamy’s speeches.My message to my friends is that if you find it difficult to express your opinion on a matter which has been undergoing a political debate due to the fear that you would be forced to associate with a political ideology,AndDue to that reason you choose to remain neutral always in a scenario can be overcome with a legal analysis of the situation- because the law does not differentiate- Kashmir issue can be explained on 2 ways – one legal and other political. I choose the first one- but that’s the most difficult one too because once you try to read the above documents- sections, clauses, sub sections…. You get mad normally.So I tried to explain the issue on a Question and answer basis and a short story basis.Images used are subject to copyright from the respective owners.Sathyameva JayateHarisankar Arun(feel free to comment on any corrections and clarifications)