Sir - Two recent articles stressing autonomy for the so- called ‘Kashmir’ betrayed an ignorance that was doubly amazing and agonizing because they were written by an ex-Prime Minister, I.K. Gujral, (Aug. 3) and Malani Parthasarathy (Aug. 5). Both dwelt exclusively on ‘Kashmir’ though that unimpeachable authority, Karan Singh, has gone on record that "there is no such thing as ‘Kashmir’. It is the State of Jammu and Kashmir... ruled by my father till he signed the Instrument of Accession. The Kashmir Valley was just about 6,000 sq. miles of the State. When people say the wishes of Kashmiris should be taken into consideration, I want to ask, "What about the wishes of all others, the people from Jammu, from Ladakh?" (The Times of India, July 15, 2001).
Treating the Valley as representative of the whole State is a particularly perverse distortion considering that political leaders in Jammu and Ladakh districts - each of which is much larger geographically than the Valley - have often said that those hitherto neglected entities must be individually given a separate status having a full constitutional integration with the Union of India. Mr. Gujral cites Articles 371(A) to 371(I) to argue that our Constitution is accommodative enough to allow the ‘Kashmir’ demand for autonomy. But he does not even mention Article 370 which has, for 52 years now, conferred a uniquely special status on J&K.
Ms. Parthasarathy’s argument that repudiation of the current autonomy demand of J&K amounts to a rejection of Article 370 is misconceived criticism. As for her quotes from the pacts of 1952 and 1975 being the ultimate "affirmation of the State’s unquestioned accession to the Indian Union", let it be noted that a proclamation of a country-wide Emergency under Article 352(1) pertaining to national security still cannot be made applicable to J&K without that State’s request or concurrence.
Special treatment is but one of
the many Constitutional and Parliamentary legislation exemptions granted
only to J&K - as will be found by anyone who reads Article 370 diligently
and studies the Constitution (Application to Jammu and Kashmir) Order 1954
along with the various subsequent amendments thereto issued by the President
under Article 370.