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Detention of Elected Representatives

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November 20, 2019

What is the issue?

  • More than 1,300 people including dozens of elected representatives were detained around the Centre’s abrupt move that bifurcated Jammu and Kashmir (J&K).
  • This detainment is still continuing no even after 15 weeks since the incident.

What is the current situation?

  • Among the detained representatives is a member of the Lok Sabha, Farooq Abdullah, who also happens to be the former Chief Minister.
  • Senior functionaries of the government have repeatedly said the situation is normal in J&K.
  • But the indefinite preventive detention of people is difficult to justify under any circumstances.
  • With continuing restrictions on communication, gauging the mood of the people may be tricky.
  • But some signs of normalcy are visible as more businesses open and vehicular traffic increases in the Valley.
  • The government cannot possibly see merit in undermining mainstream political leaders in J&K.

What was the reaction in the Parliament?

  • Prime Minister (PM) spoke about the Constitution Day and the role of the Rajya Sabha (RS) in sustaining India’s federal structure in the winter session of Parliament.
  • And there was a stark about the paradox of continuing detentions and restrictions in J&K.
  • Parliament is for giving meaningful voice to the people.
  • But, those prevented from attending the House are denied the right to speak for the people they are elected to represent.
  • The PM’s call for frank discussions and dialogues in the current session would ring hollow when some of them remain in detention.
  • The government has refused to make any commitment on Mr. Abdullah’s release.
  • The non-deliberative manner in which a full-fledged State was reduced into two UTs in one stroke was an unprecedented assault on federalism.
  • Disruption by the Opposition is a marginal challenge to the role of Parliament at present.
  • The real and graver trial of the legislature is the executive’s refusal to be scrutinised by it.
  • By undermining parliamentary committees and labelling any Bill as a money Bill in order to bypass the RS, the government has shown inadequate regard for parliamentary precedents and processes.

What could be done?

  • Now that the first Lieutenant Governor has also taken charge in J&K, immediate steps must be taken to open up political and civil society space.
  • Instead of trying to hard sell an improbable portrait to the outside world, the Centre would do well by engaging with those most affected by its decisions - the people of J&K.

 

Source: The Hindu

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