Global Kashmiri Pandit Diaspora Supports Abrogation of Article 370

LI Network

Published on: 28 July 2023 at 21:40 IST

The Global Kashmiri Pandit Diaspora (GKPD) has taken a stand in support of the Government of India’s historic actions to bring peace, prosperity, and security to the State of Jammu and Kashmir.

On Thursday, July 27, the GKPD filed an intervention application in the Supreme Court, urging the dismissal of the petition filed by Shah Faesal and others seeking the revocation of the abrogation of what they termed as “undemocratic and unjust laws.”

The GKPD expressed its firm belief that the petition should be dismissed with utmost contempt to uphold Article 51A (a) of the Indian Constitution, which emphasizes the fundamental duty of every Indian citizen to abide by the Constitution, respect its ideals and institutions, as well as the National Flag and the National Anthem.

Virinder Kaul, the international coordinator of GKPD, emphasized that the abrogation of Articles 370 and 35A was essential, citing provisions of the Indian Constitution and relevant global precedents.

According to the GKPD’s press release, Articles 370 and 35A had paved the way for the establishment of a “Sheikhdom” within the Union of India, leading to the deprivation of rights and livelihood of oppressed minorities and women in favor of the majority population.

The GKPD requested the Supreme Court to consider its application during the upcoming hearing scheduled for August 2, in order to prevent the restoration of these “draconian laws.”

The organization also expressed appreciation to the Union government for nominating two members of the Kashmiri Pandit community to the legislative assembly based on the recommendation of The Delimitation Commission.

This move is seen as a positive step toward addressing the issues faced by the Kashmiri Pandit community, and the GKPD looks forward to working with the government to ensure inclusive representation of their interests.

The Supreme Court’s Constitution bench, headed by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, is set to begin hearing a series of petitions challenging the abrogation of Article 370 and the bifurcation of Jammu and Kashmir into two Union territories on August 2.

The bench will hear the case on a day-to-day basis except on miscellaneous days – Mondays and Fridays.

The government had defended its decision to abrogate Article 370, stating that the region has experienced an “unprecedented era of peace, progress, and prosperity” since 2019 when the article was abrogated.

Various petitions challenging the validity of the law scrapping Article 370 and the special status of Jammu and Kashmir, as well as the bifurcation of the state, are pending before the Supreme Court. The central government announced the decision to revoke the special status on August 5, 2019, dividing the region into two Union territories.

In March 2020, a five-judge Constitution bench declined to refer a batch of petitions challenging the constitutional validity of the abrogation to a larger seven-judge bench, stating that there were no grounds for such a referral.

Numerous petitions filed by individuals, lawyers, activists, politicians, and political parties are currently challenging the Jammu and Kashmir Reorganization Act, 2019, which led to the division of Jammu and Kashmir into two Union Territories – Jammu and Kashmir, and Ladakh.

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