Why scrapping Article 35A could deliver a final blow to Kashmiriyat
Kashmiriyat stood test of time and the onslaught from intruders who tried imposing racial bigotry and intolerance
When fanaticism overwhelms mind, rationality and humanism become its first casualty.
To challenge the Article 35A of the constitution of India in the highest court of the country is a manifestation of such fanaticism.
The petition, challenging validity of the Article 35A, not only lacks rationale, but is subversive in nature.
Article 35A has been protecting the culture of indigenous people of Jammu and Kashmir and Ladakh, and their rights to own the land in the state.
This Article is neither unique nor a special privilege, as similar Articles like Article 371A exist in the constitution of India.
Article 371A empowers Naga tribes of Nagaland to own land in the state.
Many other Articles exist in the constitution that guarantee and protect the rights of indigenous people in several special category states like Assam, Himachal Pradesh, Sikkim and Manipur etc.
Then, why such malice against Article 35A?
The answer is mischief and RSS agenda of creating a pre-election red-herring and communal spectre.
Obviously, the “fanatics” desire chaos and no peace.
Peace to the Valley has been eluding for the last 30 years due to the policy of attenuating the state’s autonomy, first adopted by the Congress-led governments at the Centre, and now the NDA government has embarked on the same mission.
Article 35A and 370 are sacred because they were introduced to the Constitution by the founding fathers of the nation. Therefore, these provisions must be protected. Both the Articles must stay as there is history, precedence, and special circumstances in which those were felt necessary. When someone challenges these Articles, it clearly implies they are challenging the wisdom of the founding fathers of India.
Both the Articles protect Kashmiriyat.
Kashmiriyat is a way of life that respects religious diversity. It teaches holy values of religious tolerance — respect for environment — and above all the value of human life and dignity.
Kashmiris are perhaps the most tolerant people when it comes to respecting religious practices and religious identities of others.
It must be a Kashmiri Muslim who glorified Kashmiriyat by embarking on a journey to discover the Amarnath cave.
The cave has been a Hindu religious pilgrimage site for more than a hundred years now and thousands of Hindu devotees visit the cave every year.
Such harmony may seem beyond imagination now.
Kashmiriyat is not merely a word, but a shining symbol of the unique culture of a group of people who have been respecting religious sensitivities and diversity for years.
Kahmiri saints, scholars, irrespective of their religions, have been preaching this tolerance, which explains why Kashmir has been an abode of many rishis and sufis who chose this place for their meditation.
The same saint was known as Sheikhul Alam (RA) among Kashmiri Muslims and as Nund Rishi (RA) among the Kashmiri Pandits.
Kashmiri Muslims and Pandits refer to the revered woman saint of Kashmir as Lal Arifa (RA) and Lal Ded (RA), respectively.
There are many such instances.
It is no surprise that Kashmiris were the first and the only ones who resisted separation based on religious identity that has been the founding narrative of the two-nation theory in which India and Pakistan were born.
Kashmiriyat stood test of time and the onslaught from intruders who tried imposing racial bigotry and intolerance.
It is the message of humanity delivered by the great saints of Kashmir that brought an understanding among people to live with differences between Shaivism and Islam.
What is Shaivism?
It is an indigenous religion of Kashmiris, a way of life that Kashmiris practised for thousand years before the advent of Judaism, Christianity and Islam.
This indigenous religion of Kashmir and its message reached to the rest of the Indian subcontinent. Remember, Shaivism is not synonymous with Hinduism. Kashmir and Kashmiriyat was never part of the Hindi or Sindhi culture. Yet, they became a dominant part of Hinduism.
If the Article 35A is scrapped by the Supreme Court, Kashmiriyat would face the biggest defeat, a betrayal of trust, and an inglorious death.
Nund Rishi and Lal Ded will die a second time; this time at the hands of religious fanatics.
Kashmir will turn into a 'new Afghanistan', a vicious battle ground in which a Muslim fanatic will fight a Hindu fanatic. It will not be a fight for the restoration of people’s rights, guaranteed by the UN or the Constitution of India, but a religious fight.
Trampled in between would be Kashmiris who had always sought refuge in Kashmiriyat, but were let down by the forces of evil, greedy politicians of the state.
And today, Kashmiriyat may receive a fatal blow through the route of judiciary.
If and when this happens, the prophecy of Nund Rishi (RA) would come true.
In one of his famous shruks (short poems), he said:
“Nasr Baba listen to the words (in distress) of a saint (Nund Resh),
Pigs will adore peacock’s feather crown (pigs and peacock are alien to Kashmir culture),
The waterbodies (in Kashmir) will dry up and sewage-water will roar (due to chaos and mischief),
That will be a time when apes (fanatics) rule (Kashmir)."