Similar protests were also taken out in Kargil and Sanku towns of Ladakh region, which was carved out as a separate Union Territory when Jammu and Kashmir was bifurcated into two Union Territories after abrogation of Article 370 of Indian Constitution in August 2019. Muslims in Kargil town and its surrounding areas observed Quds Day 2024 after the Friday prayers.

Sajjad Kargili, a prominent activist and member of the Kargil Democratic Alliance (KDA) posted videos of both the protest rallies of Sanku and Kargil on his social media handle ‘X’.

An official statement of Anjuman-e-Sharie Shian, a body of Shia Muslims, issued in Srinagar claimed that thousands of people on Friday took to the streets in the parts of the Kashmir to voice their protest against Israel’s siege and relentless bombing on the Gaza Strip, demanding an end to the oppression of the innocent Palestinian people.

The statement claimed that The demonstrators raised Palestinian flags and held posters that said ‘From Land To The Sea, Palestine Will Be Free’ and ‘Stand in solidarity with Palestine’.

In central district of Budgam, a huge rallyhttps://kashmirobserver.net/2024/04/05/video-al-quds-day-observed-in-kashmir/ was held by the Jammu and Kashmir Anjuman-e-Sharie Shian, with scores of women and children in attendance. They called for complete stop to genocidal attacks on the people of Palestine and bombings in Gaza, where thousands of innocent people including women and children have been killed since October 7, 2023, the statement said.

Addressing the gathering, Anjuman-e-Sharie Shian President Aga Syed Hassan Mosavi criticised the world community for supporting Israel in its oppression of Palestinians. He demanded that Muslim countries should come together for the Palestinian cause.

“Raising our voices for Palestinians is the responsibility of Muslims and a part of their faith,” he added.

Separately, in Magam town of Budgam district, supporters took to the streets, demanding Muslim world leaders to “break the chains of silence”.

“While Addressing the solidarity March Anjuman-e-Sharie Shian leader Aga Syed Mujtaba Abbas said that this Quds Day comes during one of the darkest chapters in the history of the Palestinian people. He said “permanent humanitarian ceasefire is pre-requisite with unrestricted access for life saving aid, the release of all hostages, the protection of civilians and an end to violations of international humanitarian law.

A video of the protest rally in Srinagar was posted by ‘Kashmir Observer on its website.

Reports in local media of Kashmir said that different rallies and demonstrations were held at many places across Kashmir valley. People from the mostly Shia community participated in the rallies. The demonstrators raised pro-Palestine and anti-Israel slogans and called for an end to the Zionist occupation of the holy land.

The largest procession in Srinagar city was taken out from Gupkar shrine on Dal Lake Boulevard after the Friday prayers. Processions were also taken out in Hassanabad and Zadibal localities of the Shehr-e-Khaas in Srinagar. Similar protest rallies were taken out in Budgam town and many areas across Baramulla district.

Smaller processions were taken out from Bhagwanpora in Srinagar, Balhama, Khanda and scores of other places in Kashmir valley.

Addressing a gathering at Chattabal in Srinagar, Maulana Masroor Abbas Ansari reiterated his support for the Palestinian cause and denounced the mute response of the International community to the genocide of Palestinians in Gaza, a report of local news gathering agency said.

In central Kashmir’s Budgam district, a massive procession led by Anjuman-e-Sharie Shiayan Chief Agha Syed Hassan was carried out from Imambargah Budgam. Thousands of people participated in the procession.

Another video on Kashmir protests:

https://en.mehrnews.com/news/213527/VIDEO-People-in-Kashmir-mark-Intl-Quds-Day

Similar procession was led by Agha Syed Hadi al Musawi al Safavi from Bemina Imambargah. Agha Hadi also highlighted the plight of Palestinians and the need for liberation of the first Qibla from the Zionist clutches.

Reports of demonstrations were also received from different parts of north and south Kashmir including Pattan, Mirgund and Laweypora in North Kashmir and several areas of South Kashmir.

This year Quds rallies saw a remarkable surge in attendance compared to last year, coinciding with the Israeli war on Gaza. The event drew significant crowds indicating heightened public concern and solidarity with the Palestinians.

Another short video of protest rallies in Kashmir was posted on the website by Editorji.

https://www.editorji.com/world-news/protest-in-kashmir-against-israeli-attacks-in-gaza-watch-1712324526906

Amidst the backdrop of escalating violence, where over 33,000 Palestinians, including thousands of women and children, have lost their lives so far, protestors say, the rallies carried out every year serve as an expression of support for the people of Palestine.

A demonstration was also organized in Poonch town of Jammu region to express solidarity with Palestinians. The rally participation witnessed sloganeering against Israel calling for an end to genocidal attacks in Gaza Strip.

It may be recalled that all pro-Palestine and anti-Israel protests were barred in India and unofficial campaign was launched in Kashmir to prevent people from holding such rallies. The Muslim priests in Kashmir were asked not to make any mention of the Gaza killings and Israeli attacks on Palestinian people.

Many activists and anti-Israeli protesters were either detained or prohibited from taking out processions in different part of India during the past six months. The BJP-government has taken a position contrary to previous stand of India, which advocated separate state for the Palestinians since 1930s and 1940s.

Courtesy: https://kashmirtimes.com

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In video messages shared on X, a frail-looking Wangchuk, whose ‘climate fast’ entered the 21st day on Tuesday, called on the people of Ladakh to use their franchise “very carefully” this time in the interest of the nation.

A renowned education reformist and Ramon Magsaysay Award winner, Wangchuk has been on ‘climate fast’ in sub-zero temperatures since March 6, a day after talks between the representatives of Leh-based Apex Body and Kargil Democratic Alliance (KDA), who are jointly spearheading the agitation to demand statehood for Ladakh and its inclusion in the Sixth Schedule, and the central government ended in a deadlock.

The Sixth Schedule contains provisions related to the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram through autonomous district councils.

The ‘climate fast’ ended Tuesday as Leh-based Apex Body and KDA will announce the future course of action on Wednesday.

But, “Following the conclusion of Sonam Wangchuk’s 21-day fast, now the Women representatives from Buddhist, Muslim (Shia, Sunni) and Christian organizations are persisting with their hunger strike, advocating for statehood and Sixth Schedule status for Ladakh,” a KDA member and political activist from Kargil, Sajjad Hussain Kargili announced on X.

Following the conclusion of Sonam @Wangchuk66’s 21 day fast, now the Women representatives from Buddhist, Muslim (Shia, Sunni ) and Christian organizations are persisting with their hunger strike, advocating for statehood and Sixth Schedule status for #Ladakh.

#LadakhProtest… pic.twitter.com/neo9z6w0PI

— Sajjad Kargili | سجاد کرگلی (@SajjadKargili_) March 26, 2024

Reminding the prime minister of the promises made by the BJP in its election manifestoes, Wangchuk said Modi is a devotee of Lord Ram and should follow his teaching of ‘pran jaye par vachan na jaye’ (one may lose their life, but must not break their promise).

“While India is the mother of democracy, we citizens have a very special power. We are the kingmakers, we can compel a government to change their ways or change the government if that doesn’t work. Let us remember to use our ballot power very carefully this time in the interest of the nation,” said Wangchuk, whose life inspired Aamir Khan’s character Rancho in Bollywood blockbuster “3 Idiots”.

Lok Sabha elections will be held in seven phases from April 19 to June 1. Ladakh will go to polls in the fifth phase on May 20.

Over the past 20 days, Wangchuk said, around 60,000 of Ladakh’s 3 lakh residents have participated in the hunger strike demonstrating their pain but “no word came from this government”.

“We are trying to remind and awaken the consciousness of our Prime Minister Modi and Home Minister Amit Shah to safeguard the fragile ecosystem of Himalayan mountains in Ladakh and the unique indigenous tribal cultures that thrive here.

“We do not think of Modi and Amit (Shah) as just politicians, we would rather like to think of them as statesmen and for that they will have to show some character and some farsightedness,” the climate activist said.

Concern for Life and Work of Sonam Wangchuk

Appeal by ten individuals from the Himalaya

Meanwhile, ten concerned individuals from the Himalayan region across national boundaries have expressed their fears about the life of Sonam Wangchuk and called for heeding his calls for the rights of the people in Ladakh.

Following is the text of the statement issued by the ten concerned individuals:

“We, ten concerned individuals from the Himalayan region across national boundaries, are fearful for the life of Sonam Wangchuk, the educator and environmentalist who has been a steadfast voice for social justice and ecological sanity. Mr. Wangchuk has completed 21 days of protest fast, demanding political rights for his home region of Ladakh and nature-friendly approaches to development in the Himalaya and elsewhere. Taking only salt and water, Mr. Wangchuk has become increasingly frail over the course of his hunger strike. We need his continued presence and leadership in the fight for the people and the planet. We call on the Government of India to heed his calls.”

Signatories: Chandi Prasad Bhatt, Bharat Bhushan, Kanak Mani Dixit, Ramachandra Guha, Sanjoy Hazarika, Pervez Hoodbhoy, NayanTara Gurung Kakshapati, Mrinal Pandey, Shekhar Pathak, Siddiq Wahid.

26 March 2024. Issued in Kathmandu. Contact: Kanak Mani Dixit

Earlier, A three-day hunger strike by Kargil Democratic Alliance (KDA) in support of their four-point demands, including statehood and Ladakh’s inclusion in the Sixth Schedule of the Constitution, commenced here on Sunday with people from different walks of life joining the symbolic protest against the Central government.

Separately, the hunger strike led by climate activist Sonam Wangchuk in Leh entered 19th day as he expressed his displeasure over “breach of trust” from the Union home ministry amid deadlock over the talks between representatives of Leh-based Apex Body and the government.

KDA and Leh-based Apex Body, both separate groupings of various political, social and religious organisations representing the two districts, are jointly spearheading the agitation in support of their demands which also included job reservation for local youth and one Rajya Sabha seat. The agitation was launched shortly after Ladakh was granted UT status without assembly in August 2019.

The entire leadership of KDA along with over 200 volunteers assembled at Hussaini park Sunday morning and started the three-day hunger strike in solidarity with Wangchuk who has been on ‘climate fast’ in Leh since March 6 in support of the demands.

Amid chanting of slogans like “hollow UT, bureaucracy not acceptable and restore democracy in Ladakh”, people from different walks of life including chief executive councillor of Ladakh Autonomous Hill Development Council (LAHDC), Kargil, Jaffar Akhoon attended the hunger strike which was among others attended by co-chairmen of KDA Qamar Ali Akhoon and Asgar Ali Karbalai.

“The hunger strike is part of the ongoing joint agitation by KDA and Apex body to press for our four-point demands. Unfortunately after five rounds of talks with the home ministry, the home minister (Amit Shah) on March 4 told us that we will be given some constitutional safeguards but not the statehood and Sixth Schedule of the Constitution,” Karbalai said.

He said the KDA and the Apex Body unanimously decided to intensify the agitation with the start of a hunger strike by Wangchuk in Leh.

The hunger strikes in Leh and Kargil will end on March 26 evening and the people are requested to assemble in the district towns, where the concerned leadership will announce the future course of action, Karbalai said.
Prominent KDA leader Sajjad Kargili said the people of Ladakh will continue their struggle in a “democratic and peaceful manner”

“We request the government to open its heart and understand the concerns of the people of Ladakh,” he said.
In Leh, Wangchuk said 5,000 people joined him in sub-zero temperatures on the start of the 19th day of his ‘climate fast.

“I’m feeling (a) bit better today. But deeply disturbed at the breach of trust that Ladakh witnessed from the Home Ministry. This disrespect for written manifestos will set the worst precedence in the nation,” he wrote on X.
He said India already ranks at a dismal 93rd position in honesty and interestingly the countries that are at the top of the transparency ranking are also at the top of the per capita income ranking.

“… What does this imply! Where are our politicians leading us to? Hope you are joining Friends of Ladakh events in your city on Sunday tomorrow,” he said.

Courtesy: The Kashmir Times

The post Fulfill Promises Made To People Of Ladakh: Sonam Wangchuk In Fresh Appeal To Modi appeared first on SabrangIndia.

Under the ‘Naya Kashmir’ manifesto, a socio-economic framework devised before partition, Jammu and Kashmir was envisaged to be a sovereign entity that aligned with the common perception held by all Indian states regarding their respective administrations under British suzerainty.

The promised land reforms aimed at abolishing absentee landlordism foisted on the peasantry from 1846 by the despotic rulers. The transfer of land in ownership rights to the tenants for its better utilization was concluded as the only alternative for attaining critical landmarks in the production of food grains and other cereals leading eventually the state towards self-sufficiency. These underlying thematic twin aspects of epoch-making land reforms could not have been achieved unless restrictions were laid down on the utilization of the land and its alienation also regulated.

Legal framework

Before the  de-operationalisation of Article 370 and the enactment of the Jammu and Kashmir Re-organisation Act 2019 the laws listed below dealt with the subject of the use of agricultural land & conversion in its use:-

• The J&K Agrarian Reforms Act 1976,
• The J&K Land Revenue Act Svt 1996,
• The J&K Big Landed Estates Act Svt 2007,
• The J&K Land Utilisation Act Svt 2010 &
• The J&K Prohibition on Conversion of Land & Alienation of Orchards Act 1975.

Laws numbered 3 to 5 have been entirely removed. The Government of India (Ministry of Home Affairs) and the Union Territory Government will determine if any aspects of these laws are still necessary. They will then selectively modify the other two laws to incorporate, amend or substitute any essential provisions from the repealed ones.

Before amendments were carried out vide SO 3808 Dated October 26, 2020, the Section 13 of the Agrarian Reforms Act provided that after July 13, 1978 (commencement of the Act) a person could hold land for personal cultivation only except wherever tenancy permitted, for residential purposes up to 2 canals per family or subject to the provisions of the repealed law (Serial No. 5) Ibid for horticulture purposes or with permission of Revenue Minister/his nominee for industrial and commercial purposes. After May 1973, tenancy created in respect of any land is invalid except in cases where permitted (religious institutions and places) and it is this latter part of the section (forbidding the creation of tenancy) that continues on the statute, and the rest of the provisions have been omitted.

The restrictions omitted have, however, been introduced holistically by substituting/ inserting  Sections 133-A, 133-B, 133-C &  133-D  in the Land Revenue Act. The salient features emerging from the aforementioned provisions of the law are as under:-

I) No Land used for agricultural purposes can be used for non-agricultural purposes except where permitted by the District Collector (DC). The permission in the case of saffron land is to be processed by the J&K Saffron Act 2007. The Board of Revenue in J&K is charged with the responsibility for notifying procedures etc. enabling DCs to grant permissions.

II) The owner of agricultural land has been enabled to raise construction thereon for residential purposes or agricultural improvement subject to a ceiling of 400 square meters (4305 square feet) in total,

III) Any attempt to convert agricultural land into non-agricultural use by contravening the provisions of Section 133-A is deemed a violation of the Land Revenue Act. However, the non-agricultural use in conformity with the Regional Plan, Development Plan, or Master Plan doesn’t attract evil consequences provided the prescribed conversion charges are paid. The redeeming feature is that the areas notified by the government as Eco-sensitive Zones (SEZs) are exempted from the jurisdiction of District Collectors and others and hence no permission can be granted for conversion in land use insofar SEZs are concerned,

IV) The District Collectors have been empowered to grant permissions subject to prescribed limits for change in the use of proprietary land falling under the categories of grazing, arak, kap, kadhi krishm, or which grows fuel and fodder and belongs to such class as is notified by the Government.

V) The land converted for purposes other than agricultural or grazing etc. in violation of Sections 133-A, 133-B & 133-BB vests in the State, subject to grant of opportunity to the person found to have violated the law, powers to remove the contraventions.

Alienation/transfer of Land

Sections 13 & 28-A of the Agrarian Reforms Act laid down a highly restrictive mechanism for alienation by vesting the powers at the highest level in the Revenue Minister and placed a total embargo on the transfer of land, the ownership rights whereof acquired under the Act of 1976, in favour of any person except the Government of J&K respectively.

The previous ban on transferring land after 15 years of it being under state control has been lifted for those who benefited from land reforms. However, this relaxation is subject to certain rules outlined in Sections 133-H to 133-L of the Land Revenue Act. In addition, grants of lease, contract farming, and transfer in the form of simple mortgages have been added. In the event of a transfer of land or rights therein not falling under the above, such a course of action is deemed null and void resulting in its vesting in the state after providing an opportunity to be heard. Under Section 133-H, no land or rights therein can be transferred to a non-agriculturalist.

“Agriculturist” is defined as one who has been cultivating land personally in J&K on November 1, 2021 as notified vide S. O.373 dated November 1, 2021 or such category of persons as may be notified from time to time. However, the government is empowered to allow an agriculturalist to alienate land to a non-agricultural entity through the medium of sale, gift, exchange, or mortgage.

Threatened Cultivable Lands

The liberalised legal framework, being implemented for the National/UT Industrial policies including Hospitality, Services & Housing sectors may diminish the cultivable land faster, unless:

1. a) Landowners adjacent to the seller agree to the sale, with prices set by the Collector based on market rates to avoid unfair sales practices like distress sales or cartelisation in the procedures.
2. b) Land obtained under land reforms should only be used for purposes other than agricultural and allied purposes like fruit-bearing trees, vegetables, and other cash crops.
3. c) Areas designated as Village Abadies will remain as such, potentially accommodating duplex or vertical housing clusters as needed. This expansion will follow prescribed intervals, drawing legal guidance from the repealed law, ‘The J&K Common Lands (Regulation) Act 1956’.

The existing provisions in Land Revenue Act permitting change in land use for residential purposes or agricultural improvements or both up to 400 square meters per family needs review. The disproportionate limit would not only pave the way for rampant change in land use under the camouflage of housing for residential purposes. It will also make agricultural land scarce given that 83.78% of the holdings in J&K fall in the marginal category for 47.17% of the area under cultivation (2015-16), with average holding size of 0.42 hectares in Valley, 0.77 in Jammu Division and 0.59 (ha) at the UT level.

Introducing rules to control how agricultural land is used and sold would comply with the goals outlined in the Preamble of Land Reforms Laws, which are protected by the Ninth schedule of the Constitution. Laws in this schedule can’t be questioned based solely on constitutionality. Owners who build structures against these rules won’t get basic facilities like electricity and water connections. They’ll also face legal action under consistent enforcement of relevant laws.

Challenges and Strategies

The population of Jammu and Kashmir was 1.23 Crores in 2011 and based on the decadal growth rate for 2001-11 at 23.64%, the projected population in 2023 should be 1.52  Crores. The rationed population during 2019-20 was 119 lakh persons which fell to 117 lakhs in 2020-21.

The import of food grains during 2019-20 and 2020-21 has been to the extent of 7.13 lakh MTs and 7.35 MTs, off-take to the extent of 7.13 & 7.09 Lakh MTs respectively. The total area in 2022-23 sown under paddy has been 274467 Hectares and wheat 284468 Hectares, yielding 90653.36 and 58671.22 MTs together with the import of 1.37 Lakh MTs wheat and paddy over 5 Lakh MTs (assumed based on imports during the preceding two years).

By no stretch of the imagination and in the face of limited availability of cultivable land, Jammu and Kashmir can aspire at least in the immediate future to attain food security by dint of self-sufficiency. The introduction of farm technology and the use of yielding and hybrid seedlings may marginally provide impetus to a growth spurt. Still, against the annual requirements of  7 to 8 Lakh MTs and local production of 1.5 Lakh MTs, the gnawing shortfalls would increase manifold owing to an increase in population, the disproportionate spread of military and security guards owing to disturbed conditions, manifold increase in tourist arrivals and pilgrims, especially Mata Vaishno Devi and Amarnath shrines.

It is also likely that the local peasantry may convert the remaining holdings into orchards and vegetable farms, given the higher returns and availability of untapped market potential in the mainland and beyond. The conversion of fertile lands into orchards in the plains of the Valley isn’t an appropriate response given the limited shelf life of fruits grown thereon and therefore strategy is needed for its optimum utilization for diversified cash crops. Many states are producing surplus food grains and areas day by day, leading to an increase in the production and creation of huge stocks. With liberalization, the free movement of food grains and compulsion for sale due to surpluses, shortfalls in Jammu and Kashmir can be met with.

*The author is IAS (Retd) & former Chairman J&K PSC.

Courtesy: The Kashmir Times

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SRINAGAR: More than a million migratory birds have arrived in and around the wetlands across Kashmir Valley since the onset of winter season. Mallards, gadwalls and geese are reported to have reached at Hokersar wetland, on the outskirts of Srinagar, summer capital city of Jammu and Kashmir.

“There are over 12 lakh migratory birds in various wetlands and water bodies of Kashmir at present,” Mohammad Maqbool Baba, Wildlife Warden was quoted as saying by the local news gathering agency KNO.

Ifshan Dewan, Wildlife Warden, Wetlands Kashmir, said last week that the migratory birds have started arriving at the wetlands here and at present several birds including Mallard, Gadwall and almost 100-200 Geese are among the species witnessed at Hokersar wetland.

“These birds flock to Kashmir every year during the winters,” she said, adding that they flock to Kashmir from different parts of the world including Siberia, Northern Europe and Central Asian Countries where the temperature dips far below the freezing point.

The wetlands are among the main attractions for these birds as the wetlands are their habitation, she said, adding that in the previous year, Hokersar hosted half a million migratory birds and this year also, the number is very good.

Asked about the situation during freezing temperatures, she said in case the water body is frozen, the birds are being provided artificial feed, however, these birds rely on natural food only.

About the poaching incidents, she said, “I appeal to the people that these birds are our guests, so cooperate with the department in ensuring their safety here in the wetlands of Kashmir.”

The number of migratory birds this winter witnessed a slight surge rejuvenating the local wetlands and conservation parks.

The year 2022 recorded the highest numbers, with as many as 12 lakh migratory birds visiting Kashmir, according to rough estimates.

Located on the outskirts of Srinagar city, the Hokersar Wetland Reserve, which is spread over a larger surface area than the Dal Lake, is one of the prominent winter resorts and safe roosting and feeding grounds for a large number of migratory birds.

Different bird species, including Common Teal, Northern Pintail, Common Coot, Northern Shoveler, Greylag Goose, Gadwall and Eurasian Wigeon, come every year to stay in lakes, marshes and at least five wetland spots in Jammu and Kashmir. They stay for about five months after flying from distant lands beyond the Hindukush mountains – from central Asia, China and Siberia in Russia.

The season also attracts hobbyists, wildlife photographers and bird watchers, many of whom frequent these spots to catch glimpses of special guests.

As the migratory birds arrive, there is a lurking threat from the poachers and hunters. The wildlife department seized more than 30 guns, including a rifle worth more than Rs 5 lakh, in the past two years. Around the same time, the Forest Protection Force (FPF) in north Kashmir’s Bandipora, where Wular Lake is one of the main sites for bird visits, claimed to have seized as many as 11 punt guns from the poachers.

“The poaching threat remains, and we are taking steps to combat it. The poachers have also been dealt with severely to discourage further involvement,” Dewan added.

In Jammu, beginning of December witnesses migratory birds in and around Chinore Agriculture Farm, located about 30 kilometers from Jammu city, winter capital of J&K. Chinore Farm and one stream of Chenab river host close to half a million birds from other countries during winters.

The migratory birds around Chinore Farm, which is located on Ino-Pakistan International Border, also face threat from hunters and poachers, who sell them for high value in the market.

Courtesy: The Kashmir Times

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A view from inside Meeras Mahal building.

The Meeras Mahal Museum, the first-ever private museum in Kashmir Valley, recently softly opened its doors to the world, unveiling a captivating journey into the cultural tapestry of this historic region.

This landmark achievement is the result of the unwavering dedication of the late educationist and cultural enthusiast, Atiqa Bano, who spent her life preserving the essence of rural Kashmir in the 18th and 19th centuries.

With over 7,000 meticulously curated artifacts, Meeras Mahal offers an intimate glimpse into the life and customs of Kashmir’s past, shedding light on a way of life that was an integral part of this region until the end of the twentieth century.

Atiqa Bano: Woman behind the museum

All the artifacts have been collected by a burqa-clad Atiqa Bano, popularly known in the region as Atiqa ji. Born in the historic town of Sopore, Atiqa Bano was more than just an educationist and activist; she was a guardian of Kashmir’s artistic and cultural heritage. She never allowed the veil to cloud he work and dreams.

Her journey towards establishing Meeras Mahal began with a deep-seated passion for preserving the customs, rituals, and traditional industries of her homeland. Over the years, her dedication and perseverance became the driving force behind this extraordinary museum.

Atiqa Bano’s commitment to her mission was unwavering, and she tirelessly collected artifacts reflecting Kashmiri life and customs. These treasures, once commonplace in Kashmir, were slowly vanishing from the collective memory. Atiqa Bano’s collection included handwritten Qur’ans, Persian, Arabic, and Sanskrit manuscripts, historical coins, and a comprehensive history of the Kashmiri pheran (wedding trousseau from both the Muslim and Pandit communities). The museum also showcases pottery and artifacts related to the weaving of the exquisite Pashmina textile.

The seeds of Meeras Mahal were sown during Atiqa Bano’s tenure in senior positions within the Department of Education, where she promoted and preserved the culture of her homeland. Even after her retirement from government service, she continued her tireless efforts, culminating in the establishment of the museum in 2002.

A Collaborative Endeavor for Preservation

After Atiqa Bano’s passed away in 2017, the Meeras Mahal Trust, in collaboration with the INTACH Kashmir Chapter, embarked on a mission to ensure her legacy lived on. The Delhi-based SPAN Foundation, founded by individuals with a deep connection to the region, joined hands with the local community to refurbish and renovate the museum.

INTACH Kashmir Chapter played a pivotal role in providing expertise, overseeing the design, and executing the museum’s remodeling. The refurbishment project, divided into two phases based on available funding, has successfully completed Phase I.

“In Phase I, structural enhancements were implemented to fortify earthquake resilience, including the strategic insertion of structural steel at critical areas. Retrofitting the building to accommodate expansive exhibition spaces required dismantling and replacing some walls with steel girders. Ramps and fire escapes were introduced for improved accessibility, drawing inspiration from Kashmir’s taq-based architecture for the main elevation,” explained INTACH convenor Saleem Beg. “

The refurbishment addressed electrification needs and expanded the foyer space for an enhanced entry experience,” Beg added.

Meeras Mahal: A Journey Through Time

Today, Meeras Mahal stands as a testament to Atiqa Bano’s unwavering commitment to preserving Kashmir’s rich cultural heritage. The museum’s artifacts are categorized into terracotta, woodwork, wicker and grassware, metalwork (including exquisite jewelry), stone artifacts, textiles, and ancient manuscripts. Each section offers a unique window into the life of the Kashmir Valley’s past inhabitants, allowing visitors to connect with their ancestral heritage.

The terracotta collection, sourced from various regions of Kashmir, includes items like matths (storage vessels), lopun (large storage vessels for grains), daan (clay stoves), toer (serving bowls), chai pateil (tea pans), and more. These everyday objects were once essential to the daily lives of Kashmiris, reflecting the rich tapestry of their rural existence.

The Soft Inauguration: A Triumph of Preservation

The soft inauguration of Meeras Mahal was not just a momentous occasion for Sopore but for the entire Kashmir Valley. Dignitaries and community leaders gathered at the event to pay tribute to Atiqa Bano’s remarkable contribution to preserving the identity and history of Kashmir.

Additional Deputy Commissioner Sopore, Shabir Ahmad Raina, expressed his pride in having such a museum in the town, highlighting its potential to attract national and international tourists. He assured the museum team of the administration’s unwavering support in ensuring its success.

Jaspreet Kaur, CEO of the Span Foundation, urged the people to embrace Meeras Mahal as a cultural treasure and contribute to making it a major tourist attraction.

Preserving Kashmir’s Cultural Heritage

The soft inauguration of Meeras Mahal represents a substantial milestone in preserving Kashmir’s cultural heritage, fulfilling the long-held dream of the late Atiqa Ji. The museum’s diverse collection of artifacts offers an invaluable opportunity to reconnect with the region’s roots, making it a vital resource for future generations.

As visitors step into Meeras Mahal, they are transported back in time to a world where terracotta vessels held sustenance, intricate metalwork adorned the finest jewelry, and handwritten manuscripts preserved the wisdom of generations. The museum is not just a repository of artifacts; it is a living testament to the enduring spirit of a woman who dedicated her life to safeguarding Kashmir’s heritage.

In the heart of Sopore, the Meeras Mahal Museum stands as a beacon of culture and history, inviting all who enter to embark on a journey through the annals of time.

It is a testament to the power of preservation and the enduring legacy of Atiqa Bano, whose dream has now become a reality, ensuring that the rich heritage of Kashmir will continue to shine brightly for generations to come.

Courtesy: The Kashmir Times

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Supreme Court’s verdict on Article 370 in nutshell :

•  President’s order (CO 273) abrogating the special status of Jammu and Kashmir upheld.

•  Article 370 is a temporary provision.

•  J&K retained no sovereignty.

•  CO 272 (which changed the definition of ‘J&K Constituent Assembly’ as ‘J&K Legislative Assembly’) is invalid. But this is of no consequence since the Court held that the President can declare 370 inoperative even without any recommendation of J&K Constituent Assembly.

• Court did not decide whether the conversion of J&K as State was invalid since Union undertook to restore the statehood to J&K as soon as possible. Court upholds the creation of Ladakh UT.

• Court directs that elections to the J&K Assembly be held by September 30, 2024.

• Justice Kaul recommends that a Truth and Reconciliatory Commission be set up to investigate and report on the human rights violations by both State and non-State actors carried out in Kashmir valley since 1980s.

NEW DELHI: A five-judge Constitution Bench headed by Chief Justice of India (CJI) Y V Chandrachud on Monday rejected arguments by petitioners that no irreversible decisions could be taken by the Centre during President’s Rule in Jammu and Kashmir.

A Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant delivered the judgment about half an hour later than the scheduled time. The bench pronounced its verdict on pleas challenging the Centre’s decision to abrogate (Repeal) of provision of Article 370 of the Constitution which granted special status to J&K.

Unanimous verdict by Supreme Court on Article 370

“Every decision taken by the Centre on behalf of the state during Presidential Rule can’t be challenged,” CJI Chandrachud said while reading out his judgement. The CJI also held that Article 370 is a temporary provision.

The proceedings and pronouncement of the judgment by the Constitution bench were live-streamed from the Supreme Chamber No: 1 through the Supreme Court channel and watched by the people, who could not be present in the court. The delay, some reports suggested, in the announcement of the verdict was due to some technical glitch in the live-streaming equipment.

Article 370, which granted special status to Jammu and Kashmir, was abrogated in 2019 and the state was divided and demoted into two Union Territories – Jammu and Kashmir and Ladakh.

President’s order to scrap Jammu and Kashmir’s special status ‘valid’

Supreme Court upheld the validity of the Union Government’s 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution.

The court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held that Article 370 was a temporary provision.

SC directs restoration of Statehood to J&K

The court directed for the Union to restore the statehood of J&K as soon as possible but left the issue of the reorginazation of J&K into Union Territory (UT) open. Further, the reorganisation of Ladakh as UT was upheld.

“The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly,” the top judge said, adding that the recommendation of the Constituent Assembly was not binding on the President. He added that the J&K Constituent Assembly was intended to be a temporary body.

“When the constituent assembly ceased to exist, the special condition for which Article 370 was introduced ceased to exist but the situation in the state remained and thus the article continued,” CJI Chandrachud elaborated.

The Apex Court had reserved the judgment in the matter on September 5, 2023 after hearing it for sixteen long days. It may be recalled that the petitioners in the matter had also challenged the J&K Reorganization Act which bifurcated the State into Union Territories of J&K and Ladakh.

There were three judgements in the matter- one by CJI DY Chandrachud for himself and for Justices Gavai and Surya Kant. The second was a concurring opinion authored by Justice SK Kaul. Justice Sanjiv Khanna concurred with both the judgements.

Presidential proclamations announcing President’s Rule not challenged

The court held that it need not adjudicate on the validity of the presidential proclamations announcing President’s Rule in the State since petitioners did not challenge the same. In any case, the court found that no material relief could be given as the President’s Rule was withdrawn in October 2019.

The court held that there are limitations on power of the Union and States when proclamation of presidential rule was in force. It stated that the scope of the power of Union depends on the circumstances. The court added that the exercise of power under Article 356 must have a reasonable nexus with the object of the proclamation.

Further, the court stated that there were innumerable decisions taken by Union on behalf of States. Thus, it added, “Every decision taken by Union on behalf of State during Presidential rule not open to challenge…this will lead to the administration of state to a standstill…“

The court rejected the argument of petitioners that Union cannot take actions of irreversible consequences in the State during Presidential rule. Further, the argument of the petitioners that the Parliament can only make the law-making powers of the State when the Presidential rule was in force was also not accepted.

However, the court held that the exercise of Presidents’ power after the proclamation are subject to judicial review. It was held that the power of Parliament under Article 356(1) to exercise powers on behalf of State assembly was not restricted to law making powers.

The court stated that the Proclamation of Maharaja stated that the Constitution of India will supersede. With this, the court added that the paragraph of Instrument of Accession ceased to exist. The court stated that the constitutional set up did not indicate that Jammu and Kashmir retained sovereignty.

The CJI, in his judgement, stated that there was a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty and that the State of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India.

The CJI stated– “All States in the country have legislative and executive power, albeit to differing degrees. Article 371A to 371J are examples of special arrangements for different states. This is an example of asymmetric federalism.” It added that Article 370 was a feature of asymmetric federalism and not sovereignty.

Article 370 a ‘temporary provision’, President had power to scrap it

The CJI, in his judgement stated that Article 370 was held to be a temporary provision on a historical reading, as per which it was a transitory and temporary provision. The court added that the power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly.

As per the judgement, the recommendation of the Constituent Assembly was not binding on the President. It stated that the J&K Constituent Assembly was intended to be a temporary body. When the constituent assembly ceased to exist, the special condition for which 370 was introduced ceased to exist but the situation in the state remained and thus the article continued.

The court found that holding that the power under Article 370(3) ceases to exist after the dissolution of the J&K Constituent Assembly would lead to the freezing of the process of integration. The court held that the power under Article 370(3) did not cease after the J&K Constituent assembly ceased to exist.

The CJI stated– “This court cannot sit in appeal over the decision of the President of India on whether the special circumstances under Article 370 exist…History shows gradual process of constitutional integration was not going on…It was not as if after 70 years Constitution of India was applied in one go. It was a culmination of the integration process.“

Accordingly, it was held that all provisions of the Constitution of India could be applied to J&K using Article 370(1)(d) in one go.

In furtherance of the same, it was held that the exercise of Presidential Power was valid. The court held that principle of consultation and collaboration was not required to be followed for the exercise of Presidential power and the concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). Thus, the President taking the concurrence of the Union Government was not malafide. The court held that the views of the State legislature under Article 3 proviso were recommendatory.

On the other question, of whether the Parliament can convert a State into a Union Territory, the CJI said it would be left open.

Jammu and Kashmir doesn’t hold internal sovereignty

In his concluding points, the CJI stated that the state of J&K does not retain any element of sovereignty. “It does not have internal sovereignty. Article 370 is a feature of asymmetric federalism and not sovereignty.”

The top judge directed the Election Commission of India to hold elections as soon as possible.

“We direct that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30. Restoration of statehood shall take place as soon as possible.”

CJI Chandrachud at the outset said that there are three judgements by the five-judge bench on the issue.

“There are three judgments. One by CJI for himself for Justice Gavai and Surya Kant. There is a concurring opinion by Justice Kaul. Justice Sanjiv Khanna has concurred with both,” the CJI said.

Justice SK Kaul, in his judgement, stated – “Purpose of Article 370 was to slowly bring Jammu and Kashmir on par with the other States of India. Requirement of recommendation of J&K Constituent Assembly cannot be read in a manner making the larger intention redundant.”

The majority judgment authored by the CJI stated that while the change sought to be made by CO 272 appeared to be to Article 367 at the first plush, it effectively changed Article 370. The court found these changes to be substantive. The court stated that the interpretation clause could not be modified to amend an Article bypassing the amendment process.

“We have, therefore, held that the amendments made to Article 370 by taking recourse to Article 367 as ultra vires,” stated the court while holding that the interpretative clause could not be used to bypass the specific route for a constitutional amendment. “Permitting such amendments by such a surreptitious method would be disastrous,” stated the court. The court stated that Article 370 could not be amended by exercise of power under Article 370(1)(d).

The court noted that the SG had submitted that statehood of J&K would be restored and the status of UT was temporary for J&K. In view of the submission made by the SG, the court stated that it did find it necessary to determine whether the reorginazation of J&K into UT was valid.

The reorganisation of Ladakh as Union Territory was upheld as Article 3 allowed a portion of State to be made as UT. The question whether Parliament can convert a State into a Union Territory was left open.

Elections should held in J&K by September 2024

The court directed that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30. Further, it stated that the restoration of statehood shall take place as soon as possible.

The petitioner counsels argued for the first nine days and stressed upon the unique nature of J&K’s relationship with India which got embodied in the Indian constitutional setup, highlighting that the Maharaja of J&K did not give up the internal sovereignty to the Dominion of India.

Thus, while the power to make laws relating to foreign affairs, communication, and defence lied with the Union as per the Instrument of Accession (IoA), the internal sovereignty of J&K which provided it with powers to legislate on all other matters remained with the Maharaja. It was argued that Article 370 had assumed permanence and was no longer a ‘temporary’ provision post the dissolution of the J&K Constituent Assembly in 1957.

The petitioners further contended that the Indian parliament, under the current constitutional framework, could not convert itself into a Constituent Assembly. They also stressed upon the misuse of Article 356, which imposes President’s Rule in a State. It was emphasised that the purpose of Article 356 was to restore state machinery and not destroy it but the President’s Rule in J&K was imposed to destroy the state legislature.

It was added that President’s Rule under Article 356 was in its nature “temporary” and thus permanent actions could not be taken under it. The petitioners also argued that the amendment of Article 370 through Article 367 was invalid.

Finally, it was stated that while Article 3 of the Indian Constitution granted the power to Union to alter the boundaries of states and even create smaller states through bifurcation, it had never before been used to convert an entire state into a Union Territory (UT). The negative impact of turning J&K into a UT on the constitutional structure was also underlined. A detailed summary on petitioners’ arguments can be found here.

Per contra, the Union Government along with other respondents argued that the abrogation of Article 370 resolved the ‘psychological duality’ of the people of J&K and that there existed discrimination against the people of J&K before the abrogation as the Indian constitution was not fully applied to the state prior to 2019.

It was underlined that it was very clear that the Constitution makers foresaw Article 370 as a ‘temporary’ provision and wanted it ‘to die’. Challenging the assertion of an exclusive special status for J&K, the respondents argued that during the late 1930s, a multitude of princely states were in the process of drafting their own constitutions.

It was also submitted that the execution of a merger agreement was not necessary to become a part of the Indian nation. Further, internal sovereignty could not be confused with sovereignty. It was stated that J&K was only converted to a UT owing to it being a sensitive border state for a temporary time period and that its statehood would be restored. It was also argued that if Article 367 was not modified, it would have the effect on Article 370 becoming a permanent feature of the Indian Constitution, as sans the Constituent Assembly, Article 370 could never be modified.

Finally, the respondents asserted that the J&K Constitution was subservient and subordinate to the Indian Constitution and the J&K Constitution never had original constituent powers. Thus, even if the Constituent Assembly had been in existence, it would have a limited role to play in abrogation of Article 370 as its decision would be only “recommendatory” in nature and the President could have taken any decision even if the Constituent Assembly did not agree to the same.

Courtesy: The Kashmir Times

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