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Thursday, November 21, 2024

The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 and The Jammu and Kashmir Re organisation Bill, 2019

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Thu, Aug 8, 19, 14:30, 5 Years ago
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I have introduced the Bill to further amend the Jammu and Kashmir Reservation Act, 2004 and the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019. I have come up with the proposal of the Government of India

The Minister of Home Affairs Shri Amit Shah on The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 and The Jammu and Kashmir Reorganisation Bill, 2019:

I have introduced the Bill to further amend the Jammu and Kashmir Reservation Act, 2004 and the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019. I have come up with the proposal of the Government of India to provide 10 percent reservation in educational institutions and government jobs for the weaker sections under the l03rd Amendment Act, 2019 of the Constitution of India.

This reservation will be given to . the economically backward people in addition to reservation for scheduled castes, scheduled tribes, other backward classes and border reservation. We will give the benefit of this reservation to the people belonging to the economically weaker section of Jammu and Kashmir and the meritorious children there.

They will be given reservation in jobs also. According to the said order, it will be implemented in Jammu and Kashmir. Now, in order to give effect to the amendment order in the Constitution, there is a need to bring an amendment in the Jammu and Kashmir Reservation Amendment Act, 2004. Since legislative powers are vested in both Houses of Parliament during the President's rule, therefore, to amend this Bill, it is necessary to pass it by both the Houses. I request all Members of the House to pass this amendment. The bills I have brought are also historic. Due to Article 370, the people of Jammu and Kashmir are living in poverty today.

They do not get the benefit of reservation. Injustice is being meted out to the women there and to the Dalits and tribes also. The Leader of the Opposition said that Article 370 linked Kashmir with India. This is not true. The ‘Instrument of Accession of Jammu and Kashmir’ was signed by Maharaja Hari Singh on 27th October, I947. The truth is that Article 370 never allowed Jammu and Kashmir to integrate with India. Since our constitution was framed, Article 370 was considered temporary. Neither we have to make a vote bank nor we lack political will. The country wants to know why Section 370 continued so long. The country wants to know why the Dalits of Kashmir did not get the benefit of reservation. I request all the Members of the opposition to discuss this. I am firm that there should not be any delay in removing Section 370.
 

Hon'ble Member of Parliament Shri Bhupender Yadav on The Jammu and Kashmir Reorganization Bill, 2019:

Today is a historic day for this country. Resolutions and Bills have been introduced in this House by the Hon'ble Home Minister, which will strengthen the unity and integrity of India. This will ensure "Sabka Saath, Sabka Vikas and Sabka Vishwas". As an MP, we pledge to maintain allegiance to the Constitution of India. We also take an oath to maintain India's sovereignty, integrity and unity. The opposition gave notice under Rule 267 this moming. Power has been given to Hon'ble Chairman in Rule 266 that he can waive any rule. But instead of speaking on the Bill, the Opposition has done the work of breach of dignity the Parliament today. They should fulfil their parliamentary duties.

In this House, Bills have been introduced many times as Supplementary Business. I would like to say that its opposition is only political. This protest has nothing to do with the citizens of Jammu and Kashmir, Jammu and Kashmir. I would like to say to the Honorable Members of the Opposition that they should participate in the discussion. Article I says, Jammu and Kashmir‘s is a Union Territory of India. Article I is permanent, but article 370 was a temporary or provisional article. When Jammu and Kashmir was merged with India, at that time the Maharaja of Jammu and Kashmir had said that Jammu and Kashmir would be a part of India. According to the immediate circumstances of that time, Section 370 was made provisionally. In our country, many states have been merged in India from time to time under Article I of the Constitution of India. Bills have been passed by this House unanimously. When Sikkim was merged in the territory of this country, the resolution was passed within a day by all members of the House.

The members of the opposition did not forget that this is a matter of unity and integrity of India. Sikkim, Goa, Puducherry, Daman and Diu were similarly merged unanimously. Important constitutional amendments of the country have been passed unanimously in the House many times. The reservation of I0 percent for the poor was unanimously passed by this House. When we came with the first reservation Bill, the aspiration of the people of Jammu and Kashmir has increased. It is our responsibility today to fulfil that aspiration. We have to develop Jammu and Kashmir and to create an environment for investment in J& K.

We have to bring justice and respeet to the Kashmiri Pandit brothers who were expelled from Jammu and Kashmir. Congress had opposed Aadhaar law, Reservation of OBCs, Triple Talaq. Today, ‘when we have bring a resolution to end Article 370 for the development of Jammu and Kashmir, they are opposing it too. But we are going to get support from many parties. This is a moment of historical pride for India. We must come forward -for the development of Jammu and Kashmir. In order to establish social justice and welfare state in Jammu and Kashmir, the resolution of ending Article 370 is being passed.

Article 370 was moved Shri N. Gopalaswami Iyengar, even then it was said that it is an temporary clause. The fundamental rights of the people of India should be protected. In 1975, to save the fundamental rights during the Emergency, we had left our own career and went to jail. We were tortured in jail. We fought the second battle of the country's independence-under the leadership of Jayaprakash Narayanji. There were two legislation so for Kashmir, they are being terminated. The provision of 370 was temporary. People have given only speeches on patriotism in this country, but our government has shown that the unity of India should be strengthened by taking steps in the country. Jammu and Kashmir has been victim of terrorism. Women of that state bear the brunt of terrorism. We have tried to move forward Jammu and Kashmir peacefully by removing Article 370.

In the Constitution of this country, Parliament has the right _to delimit the boundaries of the states. The government has taken a historic step using sub-section 3 of Article. 370 in the interest of India. Today, Jammu and Kashmir is under the President's rule and the Legislative Assembly has been suspended. This Parliament has considered the first Bill. of reservation of Jammu and Kashmir in this session, and when we considered the first Bill, all the parties had considered it with their consensus. Emotional issues have been raised due to prolonged rule in Jammu and Kashmir. Development of Jammu and Kashmir has not been allowed. There has been corruption in Jammu and Kashmir.

Good governance was not allowed in Jammu and Kashmir. Efforts have been made to mislead the young people i_n Jammu and Kashmir. Today, by removing Article 370, we are moving forward for the equal development of Jammuand Kashmir similar to all the states of India. I want to say that to ensure the unity and integrity of India, equal rights should be given to all states in India. This article was temporary in India due to the immediate circumstances of that time for the last 70 years, now it should be reconsidered. India wants to be great nation with the development of the people of Jammu and Kashmir as well as all its citizens. Along with the resolution, a Bill for reorganization of J ammu and Kashmir has also been introduced by the Hon'ble Home Minister. In the period of late Atal Bihari Vajpayee ji, three states were formed. Jammu and Kashmir is a sensitive state.

Our neighbouring country sponsored terrorism exists in the Valley of Kashmir, due to that people of Jammu and Ladakh region also face inconvenience. The first session of this government has been proved the most successful session of Parliament in the last 70 years. In the first session of this government, laws like Triple Talaq , Insolvency, Medical Council have been made. We are living in a welfare state. It means that people should have the right of development- and the right to live" with liberty. We brought legislation _like Insolvency and Bankruptcy, but due to Article 370 in Jammu and Kashmir, we can not implement it there.

The people of Jammu and Kashmir should get the benefit of all the refonnist laws -of India and the economic development of India. Article 370 is being removed for equal development of all. It is our government wh_o took tough measures against terrorism. Our government is committed to curb the terrorism. Under the leadership of Modi Ji, our government has undertaken various welfare schemes, strengthened the security of the country and enhanced the pride of the country. The country will be safe when. the boundaries are secure. Our objective is to develop J ammu. and Kashmir. Our aim is to make Jammu and Kashmir a state with good administrative facilities. Our job is to end terrorism from Jammu and Kashmir. We want to eliminate the temporary Clause which was there 70 years ago. Hon‘ble Home Ministerhas assured the House that every doubt of the opposition will be answered. The people of our country are the rulers of the country.

The people of Jammu and Kashmir are our brothers and sisters. We want to provide them security and we want to provide them terror-free atmosphere. We want to make good administrative arrangements for them. This is our resolution today. We will serve J ammu and Kashmir with full determination. We will try to carry forward the sense of integrity of India with the people of Jammu and Kashmir. Kashmir is a cultural heritage of the country and its development is the responsibility of every citizen of India. Today the leadership of our country is committed towards advancement of the journey of development of Jammu & Kashmir and India with full conviction. I want the whole house to be a partner in this journey of development of India unanimously.
 

The Leader of The Opposition Shri Ghulam Nabi Azad on The Jammu and Kashmir Reorganisation Bill, 2019:

The Bill on which I had to speak today and the Bill which was in the List of Business for discussion in the Rajya Sabha was - The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019. I came thinking something for this discussion but this discussion has got no meaning now. After my birth and in my political life, I never thought that with that state, which is the head of our India, this head will be cut off one day. I will say about reservation for economically weaker sections that this bill has come in the country after 70 years. There are people of Ladakh, there are people of Jammu and there are people of Kashmir. I came in support of it on my behalf, because I believe that poor people are not just in one religion or one caste. I have also seen Muslim, Dalit, backward and forward poor. Poverty itself is also a religion and also a caste. When this was not implemented for 70 years, the skies would not have fallen if it was applicable even after 6 months. But for the last one week, the whole of Jammu and Kashmir and Ladakh were troubled by different rumors. Nobody understood what was going to happen.

The concern was not only with the Kashmir Valley but also for Ladakh. When Ispeak of Jammu, I talk about it in a whole which includes all the cities. There are 10 districts in Jammu. People of all religions live inthese districts. In these'l0 districts Jammu has a population of Hindus. Perhaps there was no concern for an ideology. When hon'ble Home Minister came here, there was an explosion that was looming large for one week from now. Every where fear was wide spread and written advisories given to hospitals to restrict doctors not to proceed on leave.

I got a copy of Kargil Deputy Commissioner's order that no officer will be able to take leave till the lower level. There is a central university, NIT there, where more than 500-600 children from all over the country study in Kashmir Valley. For a week there has been an atmosphere of fear, owe and a terror in Jammu and Kashmir especially in Kashmir valley and some districts of Jammu province. Jammu and Kashmir remained the subject of discussion in the world since 1947. Perhaps none of them would have guessed that not one of these but four or five things will be read by the hon'ble Home Minister in a single order. This bill is of 57 pages.

Our Parliament rules state that the bill should come two days before, so that we read and give amendments thereto. Here, one state is being deleted from the map of India. We had 29 states. Do-you have 29 states in this bill? That state is not just the head, it is Sartaj. The state is associated with China, Pakistan and PoK. Mainstream political parties of Jammu and Kashmir have always fought Pakistan side by side with the anny. Unless the people there will not tell you the news, till the people here will not tell you the hiding places there, even if you keep fighting for thousand years, you will not reach anywhere.

Because our people, who were nationalist people, who wanted to live in Hindustan and considered Hindustan as their country, always used to report these to our security forces. Most of the resources were with our Kashmiris. I give credit to the people of Kashmir for the achievements which have been made there. Maharaja Hari Singh compromised to stay with India. The people of Kashmir did not consider Pakistan to be their country despite being of the same religion. They considered Hindustan as their cotmtry, they adopted the secularism of India. Today you have betrayed that trust.

We were born in free India. But I speak of those who are still alive and have pinned there belief in you and are still living here. They had believed in Pandit Jawaharlal Nehru and Sardar Patel for security from them. They will not spoil our culture and will not play with our emotions. These mainstream political parties have been harmed and along with that our army, police and CRPF have also been harmed. Today marriages of people living in Jammu and Kashmir are happening all over the country. This much integration has happened in the last 20-30 years. Today you have laid the foundation to disintegrate it. Legislation does not lead to integration, integration is from the heart.

If you integrate hearts then there is no need to make any law. No matter how many constitutional amendments you bring around the world, no one can keep you together if you do not let hearts meet. I do not talk about a Muslim. I speak of Hindu, Muslim, Sikh, Christian, Buddhist. For me all are one. All are people of Jammu and Kashmir and Ladakh. You have so much fun with Jarrnnu and Kashmir. From President to Governor, from Prime Minister to Chief Minister and now you are going to bring it to the level of Lt. Governor. Because of history, because of beauty, because of culture, because of tourism, Jammu and Kashmir was known in the world and you are going to make it a union territory.

There is no question of Hindus and Muslims. It is very easy to say. Do it in your state and then see what happens. But don't take this politics so easily. You should know that you are changing the history of India. You don't get so intoxicated in the wake of power that you forget what you are doing. You have erased the history of a state, you only know geography. The history you had read twenty years ago was of the Buddhist nation. Now Ladakh is an area with a vast majority. Leh had wanted a Union Territory thirty years ago. I went to negotiate on behalf of the Government of India. We persuaded it for a hill council. But Kargil still had a demand that it did not want to live with Ladakh. Now you gave Ladakh the status of a province and you also had to forcefully keep its capital both in Leh and Kargil. Ladakh, which was the most peaceful area of our Jammu and Kashmir.

You have started a new war between the Buddhists and the Shia Muslims there. Now you will pick up a person from your party and make him Lt. Governor and he will solve the issues of Jammu and Kashmir. You do not rule India only, you rule the whole’ world. But you did not understand such a small thing that now the Lt. Governor will run Jammu and Kashmir.

I regret your thinking. You are about to create a new India. You are also playing with the history -of India not only with its integrity but its culture too. You are doing it only for vote. This will be a black spot in the history of India. Today you are abolishing Section 370 and abolishing 35-A from Jammu and Kashmir and delimiting without the consent of the residents there. When people came from Pakistan in 1947, the slogan in Kashmir was, "The Kashmir which we have irrigated with our blood is ours". You have erased that history. You are not showing a good idea, you are trying to bring a law on the basis of your strength, but you will fail to bring it in the hearts of people.

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