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Time to abolish Article 370 and imple...

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Aggipidugu116
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Posted on Wednesday, February 20, 2019 - 06:48 pm:       


Speaker:

Gudilo seppulu denkesindiraa facelaki zero in AP
Kikikk




ponee le.. funds ivvalsina avasaram ledu inka.. politically peaking..lol

anthega anthega
 

Speaker
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Posted on Wednesday, February 20, 2019 - 06:47 pm:       


Aggipidugu116:


ponee mee Paleru mokhaliki AP lo 17 lo enni gelustaro chuddam.




Gudilo seppulu denkesindiraa facelaki zero in AP
Kikikk
Inform, Amuse, Confuse, Evoke..
 

Aggipidugu116
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Posted on Wednesday, February 20, 2019 - 06:44 pm:       


Aggipidugu116:

AP lo 17




oops..That was TG..

AP lo 25 lo enni eesari..
 

Aggipidugu116
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Posted on Wednesday, February 20, 2019 - 06:43 pm:       


Bumper:

Mee nikker mohalakii antha scene ledhu




ponee mee Paleru mokhaliki AP lo 17 lo enni gelustaro chuddam.. mee paaallleeerrruuuu politics ki..
 

Aggipidugu116
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Posted on Wednesday, February 20, 2019 - 06:41 pm:       


Speaker:

Deenibatti emanipistondiraa nikkererr Modigaaa...??




vallu bhayapaDDaru..modi ante..

 

Speaker
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Posted on Wednesday, February 20, 2019 - 06:24 pm:       


Speaker:

27000 Kashmiris stood in line today to join Indian Army




Deenibatti emanipistondiraa nikkererr Modigaaa...??
Inform, Amuse, Confuse, Evoke..
 

Bumper
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Posted on Wednesday, February 20, 2019 - 06:22 pm:       

Ayodhya ayipoyundi ippudu article 370 na ?? Mee nikker mohalakii antha scene ledhu. Naku telisi. Only congress can do that if they want to
 

Speaker
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Posted on Wednesday, February 20, 2019 - 05:57 pm:       

27000 Kashmiris stood in line to join Indian Army...
Inform, Amuse, Confuse, Evoke..
 

Enigmatic
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Posted on Wednesday, February 20, 2019 - 05:46 pm:       

ayyedi ledu sachedi ledu.
 

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Posted on Wednesday, February 20, 2019 - 05:43 pm:       

Kashmir is right now a conflict zone..
Being a part of India, shame on nikkererrr modi..

Reyyy modi gaa we r sick n tired of your nikker politics...
Inform, Amuse, Confuse, Evoke..
 

Speaker
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Posted on Wednesday, February 20, 2019 - 05:40 pm:       

State is the biggest employer in Kashmir

Kashmiris r not happy with the stone Pelters..n people who r traitorssss...




Spineless tools of Isi r mostly Kashmir politicians..

Kashmir youth wants jobs, decent life, increase their standards of living..

Youth join army... The opportunitistic politicians r just raxxts...

All youth want to have good corporate jobs than state jobs

Young Kashmiri people.. Want to stay with India..

N they wanna boycott Chinese products.. In Kashmir..

Reyyyy spineless nikkererrr modi... Abolish article 370...dammunte seyyara angoota unpad chap gaa..

Kashmiri youth want to grow with India..
Inform, Amuse, Confuse, Evoke..
 

Aggipidugu116
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Posted on Wednesday, February 20, 2019 - 04:46 pm:       

First 5 year rule is for muster upper house support.. next term is to get with 300 own ..
Changes needed for the constitution..
U C C
370
Remove secularism
Etc

They can convene combined house and pass constitutikn amendments..
 

Teluguhero
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Posted on Wednesday, February 20, 2019 - 04:05 pm:       

https://www.opindia.com/2019/02/article-370-must-go-bjp-cant -pussyfoot-any-longer/

Article 370 must go: BJP can’t pussyfoot any longer

Article 370 arms the President of India to make amendments without seeking the approval of the Parliament. Article 368 also empowers the Parliament to amend the Constitution with an additional provision in Article 370 (1) (b) and Article 370 (3).

There is no reason why Article 370 of the Indian Constitution in favour of Jammu and Kashmir must not go.

Before we debate the legality/feasibility of abrogation of Article 370, it’s important we bring home to readers its misuse which neither seems to concern the Centre nor to the pseudo-secular gang who control the discourse in this country.

The Jammu and Kashmir assembly lasts for six years. It has a separate text for oath. Its constitution doesn’t have “secularism” or “socialism” words in its preamble. And don’t you think that Prevention of Corruption Act (1988); Indian Penal Code, Domestic Violence Act, Religious Act of 1988, Protection of Wild Animals Act, Forest Rights or Urban Land Ceiling Acts apply to J & K. Central Bureau of Investigation (CBI) can’t operate without the approval of the J & K government or the High Court. Supreme Court can only hear cases on appeal.

Further, the People’s Representation Act doesn’t apply to the state. Jammu may have more population, more voters and a larger area but it’s Kashmir which has more assembly seats: 47 to Jammu’s 37. Mandal commission report has no mandate in the state. Reservations to SC/STs, provided only in 1991, still don’t allow them representation in politics and the state assembly (Ever seen Mayawati agitated on the matter?).

Says Prashanth Vaidyaraj in Swarajyamag: “Though 73rd (provision for Panchyat Raj, 1993) and 74th (provisions for local administrative bodies, 1993) Amendments in J&K have been made, the state government has refused to enact them into laws. So there is no democratic decentralization. The Panchayat Elections are still held under its archaic 1989 laws. The J&K Right to Information (RTI) Act gives more power to the state government than provided for in the Central Act. (So there remains no accountability to special employment packages or Prime Ministers package regularly provided for)”.

The subsidy to J&K meanwhile is grossly uneven even at the state level. The Kashmir Valley gets financial allocation more than what Jammu and Ladakh divisions put together are provided for. The per-capita subsidy to J & K is 16 times more than West Bengal and 12 times more than Bihar.

Freedom of press to cover legislative assembly proceedings doesn’t work in J&K. The ministers’ quota on education and employment may be 15% elsewhere in the country, in J&K it’s 30%.

And what do you think Article 370 does to Sikh or Hindu minorities? These minorities who migrated from West Pakistan in 1947 are not considered citizens of J&K under Article 6 of the state’s Constitution as they came from outside the undivided J&K. Meanwhile, those, who left Kashmir for Pakistan during the Partition, are welcomed back and could claim their properties or suitable compensation.

About 150 families from the Valmiki Samaj were brought in 1956 for cleaning works with the assurance they would be granted the status of state’s subject. But it has come only in the case of “bhangis” (sweepers). Presently, their residential colonies remain un-regularized. Even the interlocutors’ report of Government of India is silent on the matter. Human Rights Activists have no problem that the “Protection of Human Rights Act, 1993” is not applicable to J&K.

So what’s this Article 370 which allows J&K to function much against the national (or for that matter, it’s own) interests?

When Pakistan sent its infiltrators to J&K in 1946-47 and illegally occupied parts of it, the matter went to the United Nations (UN). But since the state’s functions couldn’t be postponed, Article 370 was temporarily introduced. It limited the power of the Parliament to make laws for J&K, but for Defence, External Affairs and Communications. Noticeably, it doesn’t make provisions for the state to have a separate Constitution.

In due course, Article 35A and Presidential Order of 1954 were added. In Article 35A, the state government of J&K has defined the term “Permanent Residents” which bars non-residents from purchasing land in J&K or access to public sector jobs or welfare schemes. This article was illegally inserted in the Constitution by Pt. Jawaharlal Nehru, who made president Rajendra Prasad to amend the Constitution through his fiat instead of getting the Parliament’s mandate. The presidential order for 1954 provides that no bill to increase or diminish the area of the state or altering its boundaries can be introduced in the Parliament without the consent of the state legislature.

Article 370 was only an additional legislative measure to facilitate the transition of J&K’s accession to the Union of India. In 1950, the Government of India clarified the effect of Article 370 in a white paper on Indian states. Importantly, the Constituent Assembly was to make a recommendation to the President to either abrogate Article 370 or “direct that it shall apply with such modifications and exceptions as he may specify.”

Thus, Article 370 arms the President of India to make amendments without seeking the approval of the Parliament. Article 368 also empowers the Parliament to amend the Constitution with an additional provision in Article 370 (1) (b) and Article 370 (3).

Article 370 makes a mockery of Article 14 which guarantees equality before the law and the principles of liberty: as we have seen, not everyone living in J&K can vote in the election to the state assembly. As Supreme Court ruled in Keshavananda Bharati vs State of Kerala case, any law which interferes with the “basic structure” of the Constitution (equality of status and opportunity to all citizens of India) will be struck down as void. Further, Article 15 prohibits discrimination on the basis of religion, case, sex, place of birth or race.

In view of the Pulwama attack, it’s as good a time as any for the Bharatiya Janata Party (BJP) to take an aggressive stand on the matter. But what could you expect from the party which doesn’t harp on abrogating the 370 Article since 1998?

Clearly, the idea of providing Kashmiris with the fruits of Indian secularism is not working. Instead, the clamour of “Azadi” has gone up.
 

Aggipidugu116
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Posted on Wednesday, February 20, 2019 - 01:01 pm:       


Dma:

full majority tho vachina




loksabha .. we need to get Rajyasabha too no?


aa EBC quota constitutional amendedmt kooda rajyasabha lo congress ok anindi..


next 5 years ade pani lo vuntadu...370, UCC, rammandir..etc
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 11:54 am:       


Speaker:

stability n peace without employment opportunities is impossible...





Law and order control lo lekapothey stablity and peace kooda raadu. So correct order is

1) Law and order
2) Peace and stablity
3) Development
 

Speaker
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Posted on Wednesday, February 20, 2019 - 11:53 am:       


Ringo_rangaswamy:

stability and peace is important first in JnK an




stability n peace without employment opportunities is impossible...

you have to uplift them for any stable environment.....no ifs n buts
Inform, Amuse, Confuse, Evoke..
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 11:51 am:       


Speaker:

when businesses create employment, obviously kashmiris becomes partners in development...






Adhi cheyyali antay -

Law and Order first control lo undaali
Public lo discontent undakoodadu (otherwise propaganda will start)
J&K people should see that their constitution is limiting and need Indian constitution for better development


Rojuu stone peltings,
shootings,
law and order problems,
Hurriyat free food batch atu pak funds itu Indian security/funds thintoo janaal ni provoke cheste

can do very little development.


That is why stability and peace is important first in JnK and which is why BJP partnered with PDP in state to establish a rule of law and have control in governance.
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 11:44 am:       


Njblue:





Summary gaa cheppali antay

No state in India has its own constitution but Kashmir has its own constitution.

Article 370 simply says -

Whatever rules apply to all Indian states do not apply to Kashmir (except those listed in Union LIst and Concurrent List)
 

Ramjirao
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Posted on Wednesday, February 20, 2019 - 11:34 am:       

Main reason for Kashmir problem

In 1986, G.M. Shah's government was dismissed after communal riots in South Kashmir, and a new National Conference–Congress government was sworn in with Abdullah as the chief minister, after the Rajiv-Farooq accord. A new election was held in 1987 and the National Conference–Congress alliance won the election amid allegations of fraud. This period saw a rise in militancy in the state, with the return of trained militants from India and incidents that included the kidnapping of the daughter of the Union Home Minister Mufti Mohammad Sayeed. Subsequently, Farooq Abdullah resigned in protest after the Gawkadal Massacre,[3] and the state was brought under Governor's Rule.[4] He subsequently moved to the United Kingdom.[5]
 

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Posted on Wednesday, February 20, 2019 - 11:26 am:       


Ramjirao:

reservation areas lo maadhri okka local odni partner gaa ettukuni sesukocchu business




avanni teesethene...u will see real development...otherwise...no reward for the risk...
Inform, Amuse, Confuse, Evoke..
 

Ramjirao
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Posted on Wednesday, February 20, 2019 - 11:25 am:       

//Kashmir anedi Bhootala Swargam ani naanudi...akkada kanuka private businessmen ki open chesthe...tellalists ni eripaaresi...private security tho...aa Naanudi ni nijam cheyistaaru mana businessmen....
//


Peaker annai

I have been to Kashmir back in 1987. Private businesses and Motels vunnaayi

also ikkada US reservation areas lo maadhri okka local odni partner gaa ettukuni sesukocchu business


Por example a business savvy person like our Jagga or Lokesh can taken a local guy as dummy partner and do the business. give him 0.001% share
 

Njblue
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Posted on Wednesday, February 20, 2019 - 11:22 am:       

Article 370 of our Constitution:- 
                                                                                     If you see the contents of Art 370, we know why many people are against it.

Subject: Nehru's bitter gift to all Indians...

What is Article 370? Every Indian must know.

â—Ź Jammu - Kashmir's citizens have dual citizenship.
----------------------
â—Ź Jammu - Kashmir's national flag is different.
----------------------
Jammu - Kashmir' Legislative Assembly's term is 6 years.
Whereas its 5 years for the States of India
----------------------
● In Jammu - Kashmir it’s not a crime to insult India's national flag or the national Symbols!
----------------------
â—Ź The order of the Supreme Court of India is not valid in Jammu - Kashmir.
----------------------
â—Ź Parliament of India may make laws in extremely limited areas in terms of
Jammu - Kashmir.
----------------------
â—Ź In Jammu-Kashmir,
If a Kashmiri woman marries a person of any other state of India, Kashmiri citizenship to that female ends!

In contrast if a Kashmiri woman marries a person from Pakistan that person will get citizenship of Jammu - Kashmir.
----------------------
â—Ź Because of Article 370
RTI does not apply in Kashmir.
RTE is not implemented
CAG does not apply...
Indian laws are not applicable.
----------------------
â—Ź Sharia law is applicable to women in Kashmir.
There are no rights to panchayats in Kashmir.

Minorities in Kashmir [Hindus and Sikhs] do not get 16% reservation.
----------------------
â—Ź Due to Article 370
Indians in other states cannot buy or own land in Kashmir.
----------------------
â—Ź Because of Article 370 Pakistanis gets Indian citizenship for which they
only need to marry a girl from Kashmir.
----------------------
 

Speaker
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Posted on Wednesday, February 20, 2019 - 11:18 am:       


Ferrari:

evadaina land kontada akkada..business chestada




mundu aa 370 ni lepeyyamanu...evvado enduku...

nene velli konta south of srinagar lo....honey bee's, horticulture ki super aaa area...

south of srinagar lo antha fedda froblem ledu...it will take time to venture north of srinagar...which will have considerable impact on security expenses...but they should open doors to rest of the country..............
only then...u will know...if its a hit or flop...why being skeptical...

u know..our malayalis, will start selling snow to kashmiris....
Inform, Amuse, Confuse, Evoke..
 

Speaker
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Posted on Wednesday, February 20, 2019 - 11:16 am:       


Ringo_rangaswamy:

Its necessary to make kashmiris partners in this matter.




when businesses create employment, obviously kashmiris becomes partners in development...
Inform, Amuse, Confuse, Evoke..
 

Ferrari
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Posted on Wednesday, February 20, 2019 - 11:14 am:       


Speaker:

kashmiris can go to any place in ROI, including my own village - ROV(Republic of Ventrapragada) but rest of the Indians, who r not born in Kashmir, cannot own buy any land in Kashmir...which is a huge setback for any Business men...n thats why theres unemployment in kashmir n the unresttttttttttttttttttttttttt


ippudu unna paristithilo medhadu meedha mokal unnodu evadaina land kontada akkada..business chestada...edho social media hadavidi tappithe aa bongulo article abolish valla origedhi eam ledhu...
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 11:14 am:       


Ferrari:

As per my understanding it provides some special status to J&K and its residents..ok let us say we have abolished this article but how is it going to benefit..are we going to stop stone pelters, are going to stop mullahs from pak entering into kashmir, are we going to stop all those coward bomb blasts on indian army..





My point. Content of article 370 will post again but the problems you mentioned will not go away by keeping or removing 370. Its necessary to make kashmiris partners in this matter.
 

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Posted on Wednesday, February 20, 2019 - 11:10 am:       


Biriyani:

core pathbasthi lo land kontara business chesthara...




core paathabasthilo etundi bedarr...begum bazaaaraaa....etundi akkada businesss seyyaneeki....prathi sanduki naalugu 4 masxxxeed lu taffaa...

kikiki

Kashmir anedi Bhootala Swargam ani naanudi...akkada kanuka private businessmen ki open chesthe...tellalists ni eripaaresi...private security tho...aa Naanudi ni nijam cheyistaaru mana businessmen....

rest...nee narrow mindedness...
Inform, Amuse, Confuse, Evoke..
 

Ramjirao
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Posted on Wednesday, February 20, 2019 - 11:05 am:       

//yes, why not...with their own private protection, Businesses will flourish in Kashmir, especially fruits, flowers n Honey businesssssssssssssssssss........
//


Army ollane lepesthuntee Private armies help avvuthaayaa??

VVR movie type lo Private armies milatry nia nd telalls ni ongopedathaayi anukuntunnavaa
 

Biriyani
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Posted on Wednesday, February 20, 2019 - 11:04 am:       


Speaker:

yes, why not...with their own private protection, Businesses will flourish in Kashmir, especially fruits, flowers n Honey businesssssssssssssssssss........

Kashmir will start exporting n will be a flourishing state...




eppati nuncho unnollu kontha mandi thappithe kotthollu evadanna velli core pathbasthi lo land kontara business chesthara...

reality chudu annai...mana daggara cheyyalem..kanee kashmir velli podustham antaava
 

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Posted on Wednesday, February 20, 2019 - 10:57 am:       


Biriyani:

sagam mandi terrorists unna kashmir velli kontara 370 abolish chesthe.




yes, why not...with their own private protection, Businesses will flourish in Kashmir, especially fruits, flowers n Honey businesssssssssssssssssss........

Kashmir will start exporting n will be a flourishing state...
Inform, Amuse, Confuse, Evoke..
 

Biriyani
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Posted on Wednesday, February 20, 2019 - 10:53 am:       

article 370 theesesina waste...ikkada mana side ye peacefuls unna areas lo yevadu konadu illu...forget about buying...event rents ku kuda undaru..

alantidi...sagam mandi terrorists unna kashmir velli kontara 370 abolish chesthe..
 

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Posted on Wednesday, February 20, 2019 - 10:52 am:       


Ferrari:

As per my understanding it provides some special status to J&K and its residents..




kashmiris can go to any place in ROI, including my own village - ROV(Republic of Ventrapragada) but rest of the Indians, who r not born in Kashmir, cannot own buy any land in Kashmir...which is a huge setback for any Business men...n thats why theres unemployment in kashmir n the unresttttttttttttttttttttttttt
Inform, Amuse, Confuse, Evoke..
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 10:47 am:       


Dma:

Ee problems BJP okka daanikenaa? Congress govt ki vundadaa?
alantappudu power lo lenappudu why cry on Congress all the time?





Yevaru unna thappavu. It is the nature of the problem there. It is a consequence of decisions taken by past governments led by Congress (including 1987 election during Rajiv Gandhi time).

Congress ni thittedi vaallu theesukunna policies valla past lo jarigina damage and present day situation ilaa undatam valla.


Congress problem is they see things in narrow electoral gains and ignore people - AP state division is another best example. AP lo prajalu peaceful kabatti easy ga aipoyindi. Idhey ye Bengal, Tamil Nadu for example, ayyunte, raktham erulayyedi. That is why Congress is accused.
 

Ferrari
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Posted on Wednesday, February 20, 2019 - 10:47 am:       

Instead of copy pasting from wikipedia and other sources can someone explain me what is article 370 and how does it benefit after abolishing it...after going through FB and keyboard warriors post about article 370 (i'm pretty much sure none of those FB warriors no what exactly article 370 is) read some articles on internet..

As per my understanding it provides some special status to J&K and its residents..ok let us say we have abolished this article but how is it going to benefit..are we going to stop stone pelters, are going to stop mullahs from pak entering into kashmir, are we going to stop all those coward bomb blasts on indian army..
 

Biriyani
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Posted on Wednesday, February 20, 2019 - 10:46 am:       

article 370 theesesina waste...ikkada mana side ye peacefuls unna areas lo yevadu konadu illu...forget about buying...event rents ku kuda undaru..

alantidi...sagam mandi terrorists unna kashmir velli kontara 370 abolish chesthe..
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 10:42 am:       


Dma:

What has been done towards that?





The alliance showed Muslim and Hindu groups can work together and bring peace and stability and development of the state. First local people ki aa trust raavatam anedhi chaala significant step.


Dushta congress was just pandering to Hurriyat and pro-Pak elements and was always playing a divisive role.
 

Dma
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Posted on Wednesday, February 20, 2019 - 10:38 am:       


Ringo_rangaswamy:

Kaani majority undi ani theeste, it will burn local sentiments and will start another violence phase.




Ee problems BJP okka daanikenaa? Congress govt ki vundadaa?

alantappudu power lo lenappudu why cry on Congress all the time?
Jai Andhra!! Jai Jai Andhra!!!
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 10:37 am:       


Sannayi_nokkulu:

Bobs comment meeda nee comment endi





http://www.chalanachithram.com/discus/messages/115/391833.ht ml?1550673466


"Babu swarakshana kosam desa rakshanani ammese type lo unnaadu. Chuss, visionary, anukunte intha short-sighted gaa thayarayyaadu."
 

Dma
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Posted on Wednesday, February 20, 2019 - 10:37 am:       


Ringo_rangaswamy:

Article 370 removal ki local public cooperation and sentiment kooda avasaram.




Understood.

What has been done towards that?
Jai Andhra!! Jai Jai Andhra!!!
 

Sannayi_nokkulu
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Posted on Wednesday, February 20, 2019 - 10:34 am:       


Ringo_rangaswamy:

Next appudu Punjab lo start chestaru

Tarvaatha North East


Annee chhiii its mom ani ichukuntaa pothaama?


ade anipinchindi post esaka think cheste btw Bobs comment meeda nee comment endi??
sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT

Mahanati lo keerthy suresh kakunda ravali akka haritha vesi unte telisedhi ra meeku pain kikii -OT
 

Ramjirao
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Posted on Wednesday, February 20, 2019 - 10:33 am:       

article 370 kaaranam gaa Aam Janathaa ki use emanna vundhaa??

bayata vallu kooda properties konukkuntee valla asset value increase avvudemo kathaa
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 10:32 am:       


Sannayi_nokkulu:

chiiii dxxma ichi denkanidi kasmir ni vallaki anipistundi....





Next appudu Punjab lo start chestaru

Tarvaatha North East


Annee chhiii its mom ani ichukuntaa pothaama?

 

Sannayi_nokkulu
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Posted on Wednesday, February 20, 2019 - 10:31 am:       

Babu aa whatsapp lo and fb lo eedios chusta unte chiiii dxxma ichi denkanidi kasmir ni vallaki anipistundi....
sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT

Mahanati lo keerthy suresh kakunda ravali akka haritha vesi unte telisedhi ra meeku pain kikii -OT
 

Ringo_rangaswamy
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Posted on Wednesday, February 20, 2019 - 10:23 am:       


Dma:

full majority tho vachina lathkore maru-juggu PM 4 and half years gaa evari M kudusthunnaaru?






Article 370 removal ki local public cooperation and sentiment kooda avasaram. Just see this : https://en.wikipedia.org/wiki/1987_Jammu_and_Kashmir_Legisla tive_Assembly_election


1987 lo elections ni rig chesi public sentiment ki debba kottaru. Appudu ragilina sentiments ni Pak use cheskundi. All the tellalism in Kashmir started with this.


So 370 thiyyaalante mundu public lo oka acceptable opinion raavali.

1) Pak elements ni control
2) Hurriyat ni control
3) Local public lo oka pro-India opinion


BJP alliance with PDP is because they are establishing a platform for removing 370 in future. Kaani majority undi ani theeste, it will burn local sentiments and will start another violence phase.


Next term lo cheyyachu.
 

Dma
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Posted on Wednesday, February 20, 2019 - 10:03 am:       

full majority tho vachina lathkore maru-juggu PM 4 and half years gaa evari M kudusthunnaaru?

oh.... I forgot.

State lo power kosam Mufti party ni cheekuthu busy naaa...
Jai Andhra!! Jai Jai Andhra!!!
 

Teluguhero
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Posted on Wednesday, February 20, 2019 - 09:59 am:       

https://www.opindia.com/2019/02/pulwama-attack-time-to-aboli sh-article-370-and-implement-uniform-civil-code/

Pulwama Attack: Time to abolish Article 370 and implement Uniform Civil Code

India's first Prime Minister and Congressman Pandit Nehru was supportive of a UCC but buckled under pressure.

The debate to abolish Article 370 and bring in Uniform Civil Code has once again come to the forefront after the ghastly attack by Pakistan backed terrorists which killed 40 CRPF jawans in Pulwama last week. RSS has been advocating for discussions with various stakeholders to put in place a common code. In its election manifesto for 2014 General Elections, BJP reiterated its commitment to draft a common civil code drawing upon the best traditions and harmonising them with modern times.

“BJP believes there cannot be gender equality till such time India adopts a Uniform Civil Code, which protects the rights of all women.”

According to the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it special autonomy. Dr BR Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370. Article 370 was eventually drafted by Gopalaswami Ayyangar.

Uniform Civil Code (UCC) means having one set of identical personal laws applicable to all citizens of India irrespective of caste / creed / community dealing with the right to property; personal matters like marriage, maintenance, adoption, inheritance and divorce. Goa is the only state in the county which has a UCC.

Proponents of UCC argue that as per Article 44 it is one of the directive principles which has been laid down by the constitution.

“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

Opponents argue that it is only a directive principle and shall not be enforceable by any court (Article 37). Further, it interferes with Article 25 which guarantees citizens the right to freedom of religion. Also, many of the other directives have not been made law after 60+ years of independence, so why only this should be implemented.

The BJP and the Left parties are supportive of a UCC while Congress and some representative bodies of minority communities are opposed to it. In fact, India’s first Prime Minister and Congressman Pandit Nehru was supportive of a UCC but buckled under pressure. He had said,

“Well, I should like a civil code which applies to everybody, but wisdom hinders. If the member or anybody brings forward a Uniform Civil Bill, it will have my extreme sympathy. But I confess I do not think at the present moment, the time is “ripe” for me in India to push it through. I want to prepare the ground for it.”

The ripe time it seems has come. India emerging as a world superpower is being constantly peddled by Pakistan which has been encouraging terrorist activities in India. A UCC is required to present one face of unity and strength to the world. It also helps to bring in Indianness, Bhartiya asmita.

Nehru overcame opposition from his own partymen to pass the Hindu Code Bill in stages through a difficult Parliament. When asked by Taya Zinkin, correspondent of Manchester Guardian, six months before the China War, what was his greatest achievement, Nehru didn’t mention the freedom of India. He said it was passing the Hindu Code Bill, which freed Hindu women from the shackles of a law which permitted polygamy and denied inheritance. Taya Zinkin asked Nehru why he had not ensured a similar legislation for Muslim women. The political climate, said Nehru, was not right.

So, Congressmen please revisit your opposition to UCC.

When minorities have agreed to a uniform criminal law, then why not a civil law. When Muslims have agreed to a uniform civil code in many countries like Australia, Unites States and United Kingdom, then why do they have an issue in agreeing to a similar thing in India.

The Supreme Court of the country in various judgements like Shah Bano case in 1985, Sharda Mudgal case and in Vellimuttam’s case in 2003 has made observations that there needs to be a UCC. In a recent judgement in July 2014, the Supreme Court termed the fatwas as illegal and said that it has no place in independent India and cannot be used to punish the innocent. The verdict triggered a debate on Muslim personal law and the necessity of having a UCC.

Are all Muslims opposed to UCC? No. There seems to be a divide in the community regarding the powers of the Muslim Personal Law Board and their relevance in modern society. Arif Mohammed Khan, former union minister, who resigned in the aftermath of the Shah Bano case, in one of the TV debates on the topic, opined that the provisions of the Muslim Personal Law in some cases are very divergent from the Shariat Law. He went on to say that personal law is not among the five pillars of Islam.

People who swear by the Muslim personal law fail to recognise the fact that this was enacted by the British as recently as in 1937. That too with an ulterior motive of bringing a divide in India. It is important to understand that prior to British, the Shariah law was administered by the Qadis who had properly imbibed the spirit of Islamic laws, so the Muslim personal law is not a divine law. In fact, not even Hindu laws are divine laws and should be adaptable to change.

Parties after Independence and especially Congress have treated Muslims as a vote bank and successive governments have refrained from making any changes to the existing law / adopt UCC for fear of backlash from the community. It is these same parties which preach secularism.

If India is a secular country, why not secular laws for the population? Critics in minority community believe UCC is sort of an imposition by the majority community and preach reforms within the community through changes in personal laws. This opposition won’t solve their problems though.

India needs a Uniform Civil Code, like many developed countries, so that citizens across religions have the same set of rules to adhere to. This will do good not only to plight of women among Muslims but also among Hindus and other communities.

And for those who say it interferes with the fundamental right to religion. Article 25 of the Constitution states, “Nothing in this article shall affect the operation of any existing law or prevent the State from making any law regulating or restricting any financial, economic, political or other secular activity which may be associated with religious practice.”

Also, the “special status” of Jammu and Kashmir allows it to retain the law prohibiting outsiders from buying land, and the central government cannot overrule it. This prevents the assimilation of Kashmiris in India. Repealing act will allow people outside of J&K to buy land and improve the cultural scene of the valley.

To sum up, entire India is asking in one voice to repeal Article 370 and implement the Uniform Civil Code in the country. Let’s see if BJP government listens to the mood of the people…

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