Why is Kashmir's leader restless when everyone's heaven is destined?
------------------------------(Now the Kashmiri leaders need to understand the ground reality and be practical with the present era. They should now understand the truth and ground reality. Now nobody is going to listen to their nonsense in India. They can do anything they want. , They will be wise. They should understand that they have completely lost the trust of the people of the state and the people here are not going to live under their influence. Every Indian has now come to know that Jammu and Kashmir Why are the corrupt leaders speaking the language of China and Pakistan for their benefit?)
----Dr. Satywan Saurabh
Research Scholar in Political Science, Delhi University
Recently, the Center has given a gift for Indian citizens to buy land for all Indians in Jammu and Kashmir by amending several laws a year after the repeal of Articles 370 and 35A of the Constitution. Before repealing Article 370 and Article 35A in August last year, non-residents in Jammu and Kashmir could not buy any immovable property. The latest changes have paved the way for non-residents to purchase land in the union territory of Jammu and Kashmir.
On the other hand, the detained leaders of Jammu and Kashmir have started their old Khutafat again on release. Former Chief Ministers of the state Farooq Abdullah, Mehbooba Mufti, Omar Abdullah and leaders of the Jammu and Kashmir People's Conference, CPI-M and the Jammu and Kashmir Awami National Conference demanded that the Government of India revert to the people of the state all those rights which the five He had the same before August 2019.
Now opposition to this new step by him has also started there. The People's Alliance for Guitar Declaration, in a conference of seven mainstream parties in Jammu and Kashmir, condemned the change in land laws and vowed to fight them on all fronts. National Conference leader Omar Abdullah said his amendment was unacceptable. The amended law notification of Jammu and Kashmir has replaced Section 30 and Part VII of the Land Acquisition Act of the state with the right to fair compensation and transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Other major laws repealed by the notification include the Jammu and Kashmir Big Landed Estates (Abolition) Act, a landmark act brought by Sheikh Abdullah, which gave land rights to landless tillers. The JK Alliances of Land Act, 1995, the JK Common Lands (Regulation) Act, 1956, and the JK Consolidation of Holdings Act, 1962 were also repealed. On this, PDP President Mehbooba Mufti has said that this is a step taken to leave the people of Jammu and Kashmir nowhere. He tweeted, 'This is another step related to the nefarious intentions of the Government of India to weaken the people of Jammu and Kashmir and leave them nowhere. By unconstitutionally removing Article 370, allowing the plunder of our natural resources, and now keeping the land of Jammu and Kashmir for sale. Other laws to be repealed include Jammu and Kashmir Prevention of fragmentation of the Agricultural Holdings Act, 1960; JK Prohibition Act, 1975 on the conversion of land and isolation of gardens; JK Right of Prior Procurement Act, 1936 AD; Section 3 of the Tenancy (stay of removal proceedings) Act 1966; JK Use of Land Act, 2010; The Jammu and Kashmir Underground Utilities (Acquisition of User Rights in Land) Act is included.
The new notification also states that the government cannot declare an area as a "strategic zone" at the written request of an army officer below the rank of corps commander, only for the direct operational and training requirements of the armed forces in this Act. Are made by the operation of and by rules and laws and manner. See, this step has come with constitutional validity and proper restriction. The constitution originally provided for the right to property under Articles 19 and 31. Article 19 guarantees the right of all citizens to acquire, hold, and dispose of the property. Article 31 states that "no person shall be deprived of saving his property by right of law." It also provided that compensation be paid to the person, whose property has been taken for public purposes. The provisions relating to property rights were changed several times. The 44th Amendment of 1978 removed the right to property from the list of Fundamental Rights. A new provision, Article 300-A, was added to the constitution, which provided that "no person shall be deprived of the right of law to save his property".
Under Article 19, all citizens have the right to freedom of speech and expression;
To gather people and without weapons; For the formation of unions or unions; To roam freely across India; Reside and settle in any part of India; To practice any profession, or to carry on any occupation, trade, or occupation. Article 19 (1) (d) and (e) of the Indian Constitution guarantees every citizen of India the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India. This right is subject to appropriate restrictions imposed by law to protect the interest of the general public or the interests of any scheduled tribe. Freedom of Movement Article 19 (1) (d): Article 19 (1) (d) of the Indian Constitution guarantees "the right to move freely throughout the territory of India" to all citizens of India. However, this right is subject to the appropriate restrictions mentioned under Article 19 (5). Clause (5) of Article 19 empowers the State to impose appropriate restrictions to protect the interest of the general public or the interest of any Scheduled Tribe.
According to clause (5) of Article 19 of the Constitution of India, proper restriction on freedom of movement can be imposed on two grounds - for the benefit of the general public and the protection of the Scheduled Tribes. In Khadak Singh v. UP case, the Supreme Court held that the right to move freely over the entire territory of India means the right of the Line of Control which signifies the right to choose anyone, and however, he prefers. In Uttar Pradesh v. State Kaushalya's case, the Supreme Court held that the right of movement of prostitutes could be restricted based on public health and in the interest of public morality. Resident's Freedom Article 19 (1) (e) Article 19 (1) (e) of the Indian Constitution guarantees to every citizen of India, "the right to reside and settle in any part of India". This right is subject to appropriate restrictions, which, under clause (5) of Article 19, may be imposed by the State, in the interest of the general public, or to protect the interests of any Scheduled Tribe.
Freedom of movement and residence apply only to the citizens of India and not to foreigners. A foreigner cannot claim the right to reside and settle in the country as guaranteed by Article 19 (1) (e). The Government of India has the power to expel foreigners from India. Therefore, it is clear that this amendment has been brought under the purview of Article 19, which will not be transferred to non-farmers like agricultural land. However, there are certain conditions where they can be transferred for development purposes. This ban will protect the interests of the native inhabitants of Jammu and Kashmir and also empower them.
Actually, now Kashmiri leaders need to understand the ground reality and be practical with the present era. They should now understand the truth and ground reality. Now nobody is going to listen to their nonsense in India. If they want to do anything and see it, their intelligence will begin. They should understand that they have completely lost the trust of the people of the state and the people here are not going to live under their influence. Every Indian has now come to know that why the jaded leaders of Jammu and Kashmir are speaking the language of China and Pakistan for their benefit?
In time, they should understand that not only Jammu and Kashmir, but every inch of land in India is also sacred and special. No place in united India is more or less special. Now it will be in the interest of the country and the Kashmiri leaders that now they will support the government in the development of the state and get involved in trying to regain the trust of the people. They should work with the state and contribute to the progress. If he is a wise leader, then join the Government of India, who believes in taking everyone along. It will be true that the development of the other kingdom is true, but there will be no one to ask them.
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