Kashmiri Pandit Body Supports Abrogation of J&K Special Status; Says Article 370 was Discriminatory

In yet another development in the case pertaining to the abrogation of Article 370, which the Supreme Court is set to start hearing from August 2, 2023, certain intervenors, advocating for the rights of Kashmiri Pandits, have filed intervention applications in support of the central government’s decision to abrogate the special status of Jammu and Kashmir.

Additionally, these applications have urged the Supreme Court to recognize the violence inflicted upon the Kashmiri Pandit community between 1989 and 1991 as a “direct or indirect consequence of the powers granted to the Jammu and Kashmir State government under Article 370”.

The applications have been filed by an organization representing Kashmiri Hindus, Youth 4 Panun Kashmir, as well as Virinder Kaul, a Kashmiri pandit social activist.

The following arguments are raised in the applications:

  1. Article 370 Fostered a Virtual “Mini Pakistan” at the Expense of Kashmiri Pandits
  2. Presidential Power of Recognition Remained Intact Despite the Constituent Assembly’s Dissolution
  3. Article 370 Was Always Meant To Be Temporary
  4. Article 370 Was Discriminatory
  5. Article 370 was not democratic
  6. Indian laws were not applicable in J&K
  7. Article 370 created conditions that enabled terrorism

The intervention applications support the central government’s stance on the abrogation of Article 370 and request the Supreme Court to acknowledge the historical atrocities faced by the Kashmiri Pandit community.

Recently, the Union Government filed an affidavit stating that J&K witnessed immense socio-economic progress after the abrogation of its special status.

However, the Supreme Court said that the post-decision developments have no bearing on the constitutionality of the decisions and that it will go by only the merits of the matter.

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