RS passes J&K Reservation, Reorganisation Amendment bills | ‘Stepping forward towards Naya, developed, terror-free Kashmir’

Jammu, Dec 11:RajyaSabha Monday unanimously passed Jammu and Kashmir Reservation (Amendment) Bill, 2023 and Jammu and Kashmir Reorganization (Amendment) Bill, 2023 with a voice vote after the Union Home Amit Shah reiterated the commitment of the Prime Minister for “Naya (new) Kashmir” which would be “developed and terror free.”

“I want to reiterate the commitment of the Prime Minister NarendraModi made to the citizens of India from the ramparts of the Red Fort that the youth of Kashmir would never need not to pick guns or stones; they would be equipped with laptops and books in Naya (new) Kashmir. New Kashmir would be an integral part of the glorious growth story of Viksit Bharat (developed India), contributing its bit at par with other states of the country. I’m requesting all the members in the House to unanimously pass these bills which will help transform Kashmir, where the people from across the globe will come and witness its glorious new facet,” Shah made a fervent appeal to the members, seeking their support for the passage of Bills, which, he said, would undo injustice and restore rights to those deprived for the last 70 years.

“These two crucial Bills would undo injustice with the sections deprived for 70 years by giving them OBC status; give rights and representation to displaced Kashmiris, mainly Kashmiri Pandits and expand and restructure J&K Legislative Assembly with the addition of seats and political reservation to SCs and STs,” he said.

Mentioning the verdict of the Supreme Court upholding the abrogation of Article 370, Shah said that it was a big setback for the opposition as it (verdict) vindicated the government’s stand.

Earlier on December 6, these bills were passed by the LokSabha, following a spirited debate spanning over two days.

Shah reiterated that Article 370 gave rise to separatist tendencies which led to terrorism in J&K. “Article 370 was responsible for the death of over 40,000 people in Jammu and Kashmir. There are many states in India which have more population of Muslims than Kashmir (J&K). Why was J&K suffering only? It was because of Article 370, which nursed separatism,” he said. He also used this occasion to target Congress, which he alleged, despite its defeat, was not willing to rectify its mistakes. “It said that it did not agree with the Supreme Court verdict,” the Union Home Minister said.

While blaming the former Prime Minister PanditJawaharLal Nehru for Pakistan-occupied Kashmir (PoK), he reiterated, “He (Nehru) only handled Kashmir and left the job unfinished. Nevertheless, I reiterate that PoK is ours.”

Referring to changes in Kashmir, Shah said that before 2014, thousands would participate in the funerals of terrorists.

“This is not happening now as we have made a provision that the last rites of terrorists killed are performed with all religious rituals at the spot they are killed. Similarly stone pelting is not witnessed as we have made a rule that none in the family of those involved in it (stone-pelting) or terror acts (with a case registered against them) would get a government job,” he said.

Shah said this was an important day as both these Bills would be passed and also because this would be written in golden letters in the history of Jammu and Kashmir and India.

"Today, the Supreme Court upheld the intention behind the Jammu and Kashmir (Reorganisation) Bill, 2019, its constitutional validity and the process."

Shah said one of the Bills seeks to represent those who became refugees in their own country and also reserves one seat in the Jammu and Kashmir Assembly for people who have been displaced from Pakistan-occupied Kashmir (PoK).

He said several questions were raised even the day before yesterday. "In LokSabha, it was said that the Bill is pending and is being brought in haste. The Supreme Court will do justice and we should wait for it. All these stands were not for justice but to halt the decisions taken by PM Modi."

"SC accepted that Article 370 was a temporary provision. If Article 370 was so fair, so needful, then why would Nehru ji use the word temporary in front of it? Those who say that Article 370 is permanent are insulting the intention of the Constituent Assembly and the Constitution...The Supreme Court has said that the said Article 370 was a temporary provision, which means that this claim of the petitioner that Article 370 can never be removed, has been completely rejected by the Supreme Court...," Shah added.

The Minister said the Supreme Court also accepted that it is not right to challenge the announcements of Governor's rule and President's rule. "When the temporary provision was made, the question arose that if it is temporary then how will it be removed? So a provision was inserted inside Article 373 that the President can amend Section 370, ban it and can also take it completely out of the Constitution..."

Union Home Minister Amit Shah said that the Supreme Court accepted that Article 370 was a temporary provision. “If Article 370 was so fair, so needful, then why would Nehru ji use the word temporary in front of it? Those who say that Article 370 is permanent are insulting the intention of the Constituent Assembly and the Constitution...The Supreme Court has said that the said Article 370 was a temporary provision, which means that this claim of the petitioner that Article 370 can never be removed, has been completely rejected by the Supreme Court...," Amit Shah said.

The Home Minister said after the delimitation exercise in Jammu and Kashmir to redraw assembly and parliamentary constituencies, there will be 43 assembly seats in Jammu region -- up from present 37 -- and 47 in Kashmir Valley, up from 46.

Shah said 24 seats have been reserved in Pakistan-occupied-Kashmir. "I am saying this again Pakistan-occupied-Kashmir is ours and no one can take it from us..."

Earlier the significant legislative move on the sixth day of the Parliament's Winter Session witnessed various opposition leaders raising issues to reinstate the statehood of the erstwhile state and announce elections there.

Participating in the debate, Congress MP RajaniAshokraoPatil said her party contributed a lot for Jammu and Kashmir development and that "it's because of Pandit Nehru that the Union Territory is part of India".

She also raised the issue to reinstate the statehood of the erstwhile state and announce election there. "I want to remind the Home Minister to hold elections in Jammu and Kashmir. It has been four years since Article 370 was abrogated, and the statehood of Jammu and Kashmir has not been reinstated. I want to remind the Union Home Minister to announce elections in Jammu and Kashmir. Until Jammu and Kashmir gets back its statehood, the idea of India will not be achieved," Patil said.

IUML legislator Abdul Wahab said he is "supporting" as well as "opposing" the two bills.

Nationalist Congress Party MP Fauzia Khan raised the issue of militancy in Jammu and Kashmir, saying "is that cancer that is eating away the beauty of Kashmir".

BJP MP Gulam Ali said that these bills will benefit the people of Kashmir and that the region is developing because of the leadership of Prime Minister Narendra. He thanked Home Minister Shah for the development in Kashmir, saying "militancy in Kashmir has come down."

The MP also thanked the Supreme Court for upholding the abrogation of Article 370.

Congress MP Syed NasirHussain said it is because of Nehru that Kashmir is now a part of India.

YSRCP MP V. Vijayasai Reddy supported both the Bills and expressed the support of the party and Jagan Mohan Reddy for the same.

Reddy said "it was Nehruvian pseudo-secularism that prevented the Kashmir issue from being resolved" and highlighted Article 370 as "another blunder, as well as not taking back Kashmir during the Second War with Pakistan." He took a dig at the Congress and pointed that the party could have "taken back Kashmir during the signing of the Shimla Declaration post the Bangladesh War."

Reddy said Home Minister Shah took the right steps to undo the wrong steps of the Congress government, and offered a suggestion, saying that 24 seats are not going for election in PoK, and that members should be nominated for these seats. He also requests an increase of cash relief given to migrants.

DravidaMunnetraKazhagam MP Tiruchi Siva clarified in the House that "it doesn't need to be given other colour, we want to achieve rights of the states within the framework of the Indian Constitution."

Shiv Sena MP PriyankaChaturvedi also posed a question pointing out when the government will announce elections in Jammu and Kashmir so that the "voice of the people there can be raised in the Assembly there".

The Jammu and Kashmir Reservation (Amendment) Bill, 2023 is aimed at amending the Jammu and Kashmir Reservation Act, 2004. The Jammu and Kashmir Reservation Act, 2004 provided reservation in jobs and admission in professional institutions to Scheduled Castes (SCs), Scheduled Tribes (STs), and other socially and educationally backward classes.

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 seeks to amend the 2019 Act and provide representation in the Legislative Assembly to the Kashmiri Migrants and displaced persons from the PoK. It seeks to nominate two members from the Kashmiri migrant community and one person representing the displaced persons from Pakistan-occupied Kashmir (PoK) to the Legislative Assembly.

The amendment Bill proposes to increase the number of seats in the Legislative Assembly to 90 from 83.

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 seeks to reserve seats for the members of the Scheduled Castes and the Scheduled Tribes. It seeks to insert new sections 15A and 15B in the Jammu and Kashmir Reorganisation Act, 2019 for the Lieutenant Governor to nominate not more than two members, one of whom shall be a woman, from the community of "Kashmiri Migrants" and one Member from "Displaced Persons from Pakistan occupied Jammu and Kashmir", to the Jammu and Kashmir Assembly.

(WITH INPUTS FROM ANI)