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In a democratic country, if you want to change policy you need to get elected. If you are a civil servant, you can advise but if the elected decision makers dec
by quantgenius 6y ago
In a democratic country, if you want to change policy you need to get elected. If you are a civil servant, you can advise but if the elected decision makers decide otherwise you either execute the orders or you resign. Allowing someone who refused to execute legal orders and who publicly expressed dissent to be transferred in this situation is actually recognition that healthy debate is good and speaking out in a democracy should not be punished, particular when the dissenter is an otherwise extremely competent individual working in the best interests of the country. It's certainly not something an authoritarian would do. However, elections have consequences. In the elections in question, twice, a majority of the supposedly oppressed group, Indian Muslims, has voted for the current government. Unless of course you believe that female Muslims or those male Muslims who want to live in the 21st century shouldn't count.
The Supreme Court determined that as a general matter communications should not be restricted and that any ordinance to restrict communications needed to be on the basis of a determination that restrictions were needed that was reaffirmed periodically. The Supreme Court could have required the government to restore mobile access to Kashmir as of a specific date and the government would have been compelled to do so. They didn't, because the Supreme Court of India like most of the silent majority in India understands that a citizen's rights only exist so long as the State itself exists. All rights can be suspended in an emergency. A bill of rights is not a suicide pact.
The restrictions are not a restriction on any individual or group. They are a restriction on a geographic area. The majority of state citizens of Kashmir, certainly a majority of the residents and descendants of residents of Kashmir in the 1970s, today resides outside Kashmir. Most left due to terrorism. There are no restrictions on them, no matter their religion or political beliefs. Remember, there are areas in the US where no radio transmissions are allowed[1]. If you reside in Kashmir today, you are free to travel outside the state. If you do travel outside, you can use your mobile phone to your heart's content. If you aren't a resident of Kashmir and you travel to Kashmir, no matter your religion, ethnicity or other grouping, you can't use a mobile phone while there.
[1] https://en.wikipedia.org/wiki/United_States_National_Radio_Quiet_Zone https://en.wikipedia.org/wiki/United_States_National_Radio_Q...
- selimthegrim 6y ago>because the Supreme Court of India like most of the silent majority in India understands that a citizen's rights only exist so long as the State itself exists. There is basic structure doctrine, no? Otherwise why not just have Emergency again > The majority of state citizens of Kashmir, certainly a majority of the residents and descendants of residents of Kashmir in the 1970s, today resides outside Kashmir. Most left due to terrorism. Only Pandits are state subjects?
- quantgenius 6y agoNo, all Kashmiris are state subjects. However virtually all pandits, about 40% of the population in 1970 and about 35% of other Kashmiris have left the state and that is a majority. Kashmir, the state is a pretty big place. It’s not just the valley.
- davchana 6y agoHmm. Only in BJP Math Classes 40% out of 100% is a Majority, & 60% rest are minority. Because 40% is Hindu, & 60% is non hindu. All citizens are equal, but every Hindu is more equal than non hindu.
- quantgenius 6y ago40% + (35% * 60%) = 57.5% > 50%. Hence a majority. It's simple math.
- davchana 6y agoAs on 1990s, Jammu & Kashmir Displaced Hindus = 6 Lakh [1] Population = 78 Lakh [2] Percentage: 7.69% Sources: [1] Wikipedia Exodus of Hindus https://en.m.wikipedia.org/wiki/Exodus_of_Kashmiri_Hindus https://en.m.wikipedia.org/wiki/Exodus_of_Kashmiri_Hindus [2] Wikipedia Historical Population of Kashmir, estimated in 1991 through religious organisations https://en.m.wikipedia.org/wiki/Jammu_and_Kashmir_(state) https://en.m.wikipedia.org/wiki/Jammu_and_Kashmir_(state)
- selimthegrim 6y agoI look forward to the "Gulmarg Quiet Zone" around the observatory there so rest of Kashmir can have 4G again.
- selimthegrim 6y agoDid they stop registering SIMs to Aadhaar card number? You're telling me they can't track Kashmiri SIMs outside of J & K?
- srean 6y ago> In the elections in question, twice, a majority of the supposedly oppressed group, Indian Muslims, has voted for the current government. Not disbelieving but I want to see a non-partisan citation. BTW the polling rate of these elections were around 50%. The remaining 50% didn't agree to vote for any of them.