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| Is State Flag a rival of Tricolor? | | Does State Flag make J&K a separate country? | 
By K B Jandial
On June 7 this year the second time MLA from langate Engineer Rashid, sought to rake up a controversy on the State flag. Penchant for publicity, he demanded that June 7 be declared as "State Flag Day" besides a holiday as on this day in 1952 the State’s Constituent Assembly had adopted its own Flag . Not missing the opportunity for his anti-India rant, he vowed to protect state's "distinct identity" and accused Delhi of "colonial behaviour".
While ‘celebrating’ the State Flag Day he reportedly said in Srinagar, "Delhi has played with our sentiments and reneged on its promises. Unfortunately our local leaders, be it National Conference or Chief Minister Mufti Mohammad Sayeed, have surrendered our ‘national’ pride to save their chair,"
He claimed that J&K has its own constitution, flag and anthem which are guaranteed by the Indian Parliament through 1952 Delhi Agreement. He furthered contented that "Twenty-one members of the ( constituent ) assembly, including Sheikh Muhammad Abdullah, Mirza Afzal Beigh, Krishna Dev Sethi, gave speeches, but not one of them used the word J&K as state but referred it as a ‘country’ and promised to protect its distinct status, irrespective of caste, creed, color or religion," he said. What he sought to promote is that Constituent Assembly had in its mind making J&K a separate country.
True to his temperament he threatened "We are not begging before Delhi. If you won't honour this flag of ours, people here will have no option but to waive green flags," he said, in an obvious reference to separatists and some elements waving Pakistani flags in Srinagar nowadays.
Er. Rashid has a habit of distorting facts and using pages of history selectively to arouse anti- India feelings or at least creating emotional hiatus between people of Kashmir with rest of India. There have been alarming comments on social media on this issue which unravel Kashmir youths total ignorance of the fact of State Flag as also others facts and they are easily hoodwinked by such controversies.
First of all, the State flag gets due respect in the state and all constitutional authorities like The Governor, the Chief Minister, Ministers use both national and state flags on their vehicles. Both majestically flutter on the Secretariat, the seat of power. These are also prominently displayed in their offices and used on ceremonial addresses to the people of the State by the Governor and Chief Minister. So, no exploitation on this issue should be allowed to vitiate atmosphere.
There is no doubt that the Delhi Agreement signed by the representatives of J&K Govt. and the Central Govt. in July 1952 and one of the several issues settled between them was to allow the J&K Govt. to have its own flag. But there was no mention of anthem or he constitution of J&K in it. In fact, Yuvraj Karan Singh on April 20, 1951 had issued his Proclamation for convening the State's Constituent Assembly which after election met on November 5, 1951, much before Delhi agreement was inked. There had been consultations between Sheikh Abdullah and Pt Nehru and others in 1949 for convening the Constituent Assembly.
The Delhi Agreement of 1952 talked about the agreements arrived between Pt. Nehru and Sheikh Abdullah and in respect of State flag. It said, “the Union Government agreed that the State should have its own flag in addition to the Union flag, but it was agreed by the State Government that the State flag would not be a rival of the Union flag; it was also recognised that the Union flag should have the same status and position in Jammu and Kashmir as in the rest of India, but for historical reasons connected with the freedom struggle in the State, the need for continuance of the State flag was recognised”
It was clearly accepted by Sheikh Abdullah that the State Flag would not in any manner be construed as a ‘rival’ to the national flag. It was also agreed that the national flag would get the same status and position in J&K as is in the rest of India.
Er. Rashid has claimed that all the members who spoke on the flag in the constituent Assembly referred J&K as a ‘country’ meaning thereby that they were making the red flag as “national flag” for a country. All of them were speaking in Urdu or Hindustani and some in Kashmiri, and had referred the people of J&K as a ‘quom’ which is quite common in Kashmir.
What Rashid Sahib didn’t say was that Syed Mir Qasim had introduced amendment to the resolution moved by Sheikh Mohd. Abdullah. It read, “that the word, “National occurring before the word ‘Flag’ in the first line of the resolution be deleted.” It was seconded by Sardar Harbans Singh Azad. Speaking on his amendment, Qasim had said that the flag was first prepared by the National Conference and it was called the national flag but now it was presented as State Flag. Sheikh Sahib also accepted the amendment and the House adopted the amended resolution unanimously. Accordingly the State Constitution incorporated it in section 144 which describes it as “Flag of the State”.
Sheikh Abdullah explained the significance of State flag saying that it represented the struggle and aspiration of the people of the State. The red color that forms the background of the flag represents the toil of the workers and laborers and the plough represents the peasantry which had remained exploited. The third feature is the three vertical, parallel and equidistant lines which represent three geographical parts of the state i.e. Jammu, Kashmir and Frontier Illaqas.
Another stalwart of Kashmir freedom movement and Sheikh’s closest aide, Mirza Mohd. Afzal Beg in his speech had said, “The flag will have its jurisdiction over all those illaqas of Gilgit, Muzafferabad, Mirpur and Poonch that are at present in the hands of enemy.” He had further said amidst thunderous applause, “Today, we all pledge that unless this flag flies over Kohalla, Mirpur, Askardu and Gilgit etc. we will not rest.” Bakshi Gh. Mohd also echoed similar sentiments when he said, “we fought back the invasion of 22nd October and if the same determination of hoisting of flag at Gilgit, Mirpur and Bimber is demonstrated, I am sure by the grace of God this flag will fly over those peaks.”
Taking a leaf from our contemporary history, Er Rashid conveniently forgets to dedicate to this pledge to recapture these areas which Pakistan had illegally occupied. Areas of the State like Gilgit had been annexed completely to Pakistan illegally and a portion of POK given to China but there is not even a murmur from Rashid and his likes including separatists on these developments who cry hoarse on State’s identity d resolution of Kashmir “issue”.
The national Constituent Assembly had also adopted the tricolor as National Flag on July 22, 1947. But this day is not celebrated nor there a holiday. Instead of having holidays and playing divisive politics on the issue of State flag they should learn to respect state and national flags and other symbols. His underline intentions are clear, pitting state flag against national flag.
Er. Rashid has done well by referring to debates and adoption of resolutions in the State’s constituent assembly and consequent placement in the Constitution of Jammu & Kashmir. The state Flag which he wanted to protect as “State's distinct identity," obviously from Delhi which he charged with "colonial behaviour”.
The same J&K Constituent Assembly after long debate spreading over four days ratified State’s accession with India on February 6, 1954 as recommended by its Basic Principles Committee. About 25 members participated and all except for one, Abdul Gani Goni supported it. Goni had recorded his dissent note which was rejected by the Constituent Assembly. Goni too was not against the finality of accession but insisted for right to secede from the Union of India.
The Constitution which prescribes a flag as our “distinct identity” which Hon’ble MLA apprehend to be eroded, also accords finality of J&K relationship with India.
The Preamble of our Constitution says, “We, the people of the State of Jammu & Kashmir, having solemnly resolved, in pursuance of the accession of this State to India which took place on twenty-sixth day of October, 1947, to further define the existing relationship of the State with union of India as an integral part thereof, and to secure……..”
Section 3 of J&K Constitution says it in more explicit manner. It says, “The State of Jammu and Kashmir is and shall be an integral part of Union of India.” This section has been kept out of the ambit of amendment in section 147 that deals with the procedure for amendment of the Constitution. Its second proviso says, “Provided further that no Bill or amendment seeking to make any change in (a) this section; or (b) the provisions of sections 3 & 5; or (c) the provisions of the Constitution of India as applicable, in relation to the State; shall be introduced or moved in either House of the legislature”.
Then why people like Er. Rashid periodically talk about conditional accession or disputed territory despite the fact that they take oath of the same constitution while contesting elections and after becoming legislator. Would it not be in the interest of people of the State to finally root out the uncertainty about the status of J&K nurtured over the years by the vested interest, and allow our youth to fully integrate with rest of the country? Yes, this may lead to shut down many “shops” trading for many years on conditional accession, disputed territory or danger to state’s identity.
(The writer is former Secretary information, health, transport, CAPD departments and a member of Public Service Commission, feedback: [email protected])
(Opinions expressed in write-ups/articles/Letters are the sole responsibility of the authors and they may not represent the Scoop News)
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